SB 803, as introduced, DeSaulnier. False documents: real property: voiding and restitution.
Existing law establishes offenses involving falsifying documents, elder abuse, forgery, grand theft, identity theft, and mortgage fraud, among others. Existing law requires a court to order defendants convicted of any crime to pay restitution to the victim or victims as well as a restitution fine, as specified, unless the court finds compelling and extraordinary reasons for not imposing the restitution fine, as specified.
This bill would provide that where a defendant is convicted of any of those offenses, or any other offense, in which an instrument affecting the right, title, or interest in real property was forged or false, and where the instrument was filed, registered, or recorded, as specified, the prosecuting attorney or the judge may make a motion for a noticed hearing to adjudge the instrument void, and to order restitution for an affected person.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1202.9 is added to the Penal Code, to
2read:
(a) In any case where the defendant is convicted of
2any offense enumerated in Section 115, 368, 470, 487, 532f, or
3540.5 or any other crime, in which an instrument affecting any
4right, title, or interest in real property is found to be forged or false,
5and where in furtherance of the crime an instrument that conveys
6title or encumbers real property has been filed, registered, or
7recorded against real property, the court may, upon its own motion
8or upon motion by the prosecuting attorney, pursuant to the
9procedures in subdivision (c), enter a judgment declaring the
10instrument void.
11(b) The instrument shall be deemed to be adjudged void as of
12the date on which the crime occurred, or the date that the
13instrument was created, forged, or falsified,
or the date that the
14instrument was filed, registered, or recorded, whichever date is
15earlier.
16(c) (1) Upon making the motion to void the instrument, a
17hearing date on the motion shall be set no earlier than 30 calendar
18days from the date that the motion is made.
19(2) A notice regarding the motion shall be provided by personal
20service or registered mail to every person who may have an interest
21in the affected property within five days of making the motion.
22(3) The notice shall be published at least once a week for three
23successive weeks in a newspaper of general circulation in the
24county in which the affected property is located. The notice shall
25state that any interested party may file a verified claim with the
26superior court stating the nature and amount of their claimed
27interest. The notice
shall set forth the time within which a claim
28of interest in the property is required to be filed.
29(4) Any person claiming an interest in the affected property
30may, at any time within 30 calendar days from the date of the first
31publication of the notice of the motion, or within 30 days after
32receipt of the actual notice, whichever is later, file with the superior
33court of the county in which the motion is pending a verified claim
34stating the nature and amount of his or her interest in the property.
35A verified copy of the claim shall be served by the claimant on
36the prosecuting attorney and the defendant.
37(5) At the hearing, any person claiming an interest in the affected
38property may present evidence showing that their claim to the
39property was based on a good-faith belief in the legitimacy of their
40claim. Where the court makes a finding that any person claiming
P3 1an interest in the
affected party acted in good faith in securing an
2interest in the property, the court may order restitution to be paid
3by the defendant to the affected person. The amount of restitution
4shall be determined in a manner consistent with subdivision (f) of
5Section 1202.4. A person who files a claim with the California
6Victim Compensation and Government Claims Board may not
7obtain restitution pursuant to this section.
8(d) Upon issuance of a judgment pursuant to this section, the
9prosecuting attorney or any affected person may record the
10judgment with the appropriate county recorder.
11(e) As used in this section, “instrument” means, but is not limited
12to, a grant deed, quitclaim deed, deed of trust, notice of default,
13notice of trustee’s sale, trustee’s deed, assignments of any kind,
14homestead declaration, mechanic’s lien, Uniform Commercial
15Code filings, deed of reconveyance, rental
agreement, lease
16agreement, easement, tax lien, or lis pendens.
17(f) Nothing in this section shall be construed as limiting a person
18claiming an interest in the affected property from pursuing any
19civil remedies that may be available.
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