Amendments Made to Senate Bill Dealing with False or Forged Deeds

Prior to recent amendments that heavily modified the bill, Senate Bill 1307 (Jones) as introduced would have substantially amended existing law on post-conviction procedures for a prosecuting agency to file a motion to declare a false or forged deed void under Penal Code Section 115. 

Originally, SB 1307 would have authorized a court to conduct a hearing under Penal Code 115 prior to a criminal conviction, and would have also shortened the notice period for interested parties. All of that language was removed in the Senate Judiciary Committee in early April, though the bill still allows for a defendant to stipulate to the voiding of the false or forged instrument for purposes of the motion.

Prior to the amendments being taken, CLTA expressed concerns with the bill on the basis that it lacked protections for downstream victims of false or forged deeds, including sufficient notice timelines, and could also therefore inadvertently impair the marketability of subject properties by weakening the durability of orders resulting from a hearing.