Senate committee adopts amendment to SB 406 to tighten deed-recording identification; some advocates say measure doesn't go far enough

A Senate committee on an unspecified date voted to adopt an amendment and pass SB 406, a bill aimed at deterring property deed fraud by requiring identification for a person listed as the grantor when a deed is recorded.

The amendment, presented by Senator Clark, clarifies that the person listed as grantor includes trustees of a trust, a member of an LLC, a president of a corporation, or an attorney-in-fact acting under a power of attorney. The amendment also removed a requirement to record a copy of the grantor's driver's license in the public deed record; instead, the driver's license would be kept by the circuit clerk under seal and would not be part of the public recording.

The committee also amended the bill to exempt certain public actors from the identification requirement, including the commissioner of state lands and individuals representing the state, municipalities, counties and political subdivisions when those entities deal in real property.

Senator Clark said the bill…