Criminal Offenses

Plain English Breakdown

The bill summary text specifies the exact changes but does not provide details on enforcement or effectiveness, leaving these points as unknowns.

Increasing Fines for Deed Fraud

This bill increases the maximum fine that can be imposed by a jury for deed fraud from $3,000 to $4,000 and makes such offenses a Class E felony.

What This Bill Does

• Raises the maximum fine for deed fraud involving general warranty deeds with knowledge of existing liens from $3,000 to $4,000.
• Makes it a Class E felony offense if someone transfers land using a general warranty deed knowing there are outstanding claims against that land and does so with intent to defraud others.

Who It Names or Affects

• People who commit deed fraud by transferring property with knowledge of existing liens or other claims against it.
• Courts that handle cases involving deed fraud.

Terms To Know

Deed Fraud

When someone transfers land using a general warranty deed knowing there are outstanding claims against the property, with intent to defraud others.

General Warranty Deed

A legal document that guarantees clear ownership of a piece of property and protects the buyer from any previous claims or liens on the land.

Limits and Unknowns

• The bill does not specify how it will be enforced or what additional measures might be taken to prevent deed fraud.
• It is unclear if this change will significantly reduce instances of deed fraud in Tennessee.

Official Summary Text

Abstract summarizes the bill.

Current Bill Text

SENATE BILL 216
By Taylor

HOUSE BILL 196
By Leatherwood

HB0196
001717
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 8;
Title 39; Title 62 and Title 66, relative to deed
fraud.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 66-3-104, is amended by deleting
subsection (a) and substituting:
(a) A person who transfers land by execution of a general warranty deed with
knowledge of outstanding liens, mortgages, deeds of trust, or other claims against such
transferred land with the intent to defraud, commits a Class E felony, punishable with
imprisonment as described in § 40-35-111(b)(5). In addition, the jury may assess a fine
not to exceed four thousand dollars ($4,000).
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.