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Circuit-clerk cleanup bill prompts questions about 'legal description' language
Summary
Sen. Ballenger's bill would clarify filing requirements for circuit clerks, changing 'sworn' to 'notarized' and requiring proof of service for lien filings. Attorneys asked whether switching from 'correct description' to 'legal description' could create ambiguity; the committee deferred final action after a roll-call confusion and plan to re-hear the item.
Senator Ballenger presented a bill described as a mostly technical cleanup to simplify circuit clerks' work. The sponsor said the changes replace some older language (for example, clarifying that certain filings must be notarized rather than merely 'sworn') and require proof of service be provided to clerks in lien filing processes. Ballinger said the fee structure referenced in the draft simply…
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