Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Property Rights topic
No spam. Unsubscribe anytime.
Senate advances bill requiring ID checks to prevent deed fraud; sponsor to refine language for nonindividual owners
Summary
Senate Bill 406, prompted by constituent reports of title theft, would require county recorders to verify a driver's license or similar ID for most deed recordings; sponsor said she will revise the bill to address nonindividual grantors such as LLCs.
The Arkansas Senate debated Senate Bill 406 on March 20, 2025, a measure requiring county recorders to verify certain identification information before recording deeds, a change supporters say will reduce title-theft fraud, particularly among elderly property owners.
Sponsor Senator Clark said the bill grew from constituent complaints and consultations with circuit clerks and title companies. "It's simply designed to protect titles from being stolen," Clark said, noting cases with replacement costs up to $30,000.
The measure requires presentation of a driver's license by the grantor or grantee except when the transaction is handled by an attorney, licensed real estate professional, lending institution, title agent, or the commissioner of state lands. Senator Dismaine questioned how the bill would treat nonindividual grantors such as LLCs or trusts that lack a personal ID; Clark responded that the drafters had worked with title professionals and would fix any gaps on the House side or by amending the bill later.
Several senators urged clarifying language for agents and corporate grantors. "We need to add something there that says 'or the verified authorized agent,'" Senator Hickey said, asking for targeted fixes rather than delaying the policy.
Senator Clark said she would not immediately re-refer the bill to committee but planned to "pull it down" from the calendar and work with stakeholders over the spring recess, then bring it back in April if needed. The sponsor repeatedly framed the bill as a balance between protecting owners and not unduly burdening legitimate transactions handled by title professionals.
The Senate did not finalize the bill on the floor that day; Clark said she intended to withdraw it for amendment and return with revised language.
The discussion highlighted an active concern among lawmakers and title industry representatives about deed fraud and the technical challenge of crafting an enforcement mechanism that covers individual as well as nonindividual property owners.
