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S 2956Abuse & Fraud

Property - Title Fraud Prevention Act

Requires photo ID to record real estate documents and creates an expedited court process to remove fraudulent deeds or liens.

Held for study
Population
Affected
15
Email Legislator
Introduced Mar 4, 2026Committee Senate Judiciary

Plain-English Summary

This bill creates the "Title Fraud Prevention Act" to protect Rhode Island property owners from real estate fraud. It requires individuals presenting documents (like deeds or mortgages) to city or town clerks to provide a government-issued photo ID, unless they are a "trusted submitter" such as an attorney, bank, or title company. The bill also establishes a fast-track process in the Superior Court for property owners to clear their titles of fraudulent documents. The court can declare fake documents void, order their removal, and impose fines up to $10,000 on those who file malicious documents.

For younger readers

This new rule helps stop bad people from stealing houses or land by using fake papers. When someone goes to the town office to hand in official papers about owning a house, they must show a photo ID card to prove they are who they say they are. If someone does use fake papers to claim they own a house, the real owner can go to a judge quickly. The judge can cancel the fake papers and make the bad person pay money as a punishment.

Who & Where It Applies

Impacted groups
Property OwnersCity and Town ClerksReal Estate AttorneysTitle Insurance CompaniesVictims of Title Fraud
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Protects vulnerable homeowners, particularly the elderly and those with limited resources, from predatory property theft and title fraud schemes.
  • Establishes an expedited court process that reduces legal costs and time barriers for victims seeking to clear their property titles, making justice more accessible.
  • Imposes financial penalties on fraudsters, providing a deterrent against the exploitation of community members and property owners.
  • Creates an identification barrier that may make it difficult for individuals without government-issued photo IDs to record legitimate property documents without hiring a professional.
  • Establishes a "trusted submitter" class that privileges attorneys, banks, and corporations over individual citizens attempting to represent themselves.
  • Mandates the collection and storage of presenter data, which creates potential privacy concerns regarding government tracking of individuals interacting with public records.
For Conservatives
  • Strengthens private property rights by implementing stricter safeguards against fraudulent transfers and unauthorized liens.
  • Empowers the courts to swiftly punish criminal behavior and bad actors with significant civil penalties, reinforcing the rule of law.
  • Increases the integrity of public land records, ensuring that commerce and real estate transactions rely on accurate data.
  • Expands government bureaucracy by requiring town clerks to act as identity verifiers and maintain new databases of personal information.
  • Interferes with the freedom of private individuals to conduct their own business at the town hall without showing "papers" to the government.
  • Creates a public record of individuals submitting documents, which could be viewed as an unnecessary government invasion of privacy.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 68 additions

SECTION 1. Title 34 of the General Laws entitled "PROPERTY" is hereby amended by adding thereto the following chapter: 34-13.3-1. Short title. This chapter shall be known and may be cited as the "Title Fraud Prevention Act." 34-13.3-2. Definitions. As used in this chapter:

(1) "Instrument" means any deed, mortgage, assignment, discharge, lien, encumbrance, memorandum, notice, affidavit, contract, or other document that purports to convey, transfer, encumber, establish, or affect title to real property.

(2) "Presenter" means an individual who delivers an instrument to a city or town clerk for recording.

(3) "Trusted submitter" means:

(i) An attorney licensed to practice law in this state;

(ii) A title insurance company authorized to transact business in this state;

(iii) A financial institution authorized to transact business in this state; or

(iv) An authorized agent of any such person or entity. 34-13.3-3. Identity verification required for certain recordings.

(a) Notwithstanding any other provision of law, when an instrument is presented for recording by a presenter who is not a trusted submitter, the city or town clerk acting as recorder of deeds shall require the presenter to produce a valid government-issued photographic identification card prior to recording the instrument.

(b) The clerk shall:

(1) Record the name and address of the presenter as it appears on the identification card; and

(2) Maintain such information in a record associated with the instrument number or book and page of the recorded document.

(c) If the instrument is submitted electronically by a presenter who is not a trusted submitter, the presenter shall submit a copy of a government-issued photographic identification card. The presenter may redact all information except name, address, and photograph.

(d) A clerk shall refuse to record an instrument if:

(1) The presenter fails to provide identification as required by this section; or

(2) The name appearing on the identification does not match the name of the grantor or conveying party appearing in the instrument.

(e) The identity verification record created pursuant to this section shall not be posted on any publicly accessible internet website but shall constitute a public record subject to chapter 2 of title 38, except that any redacted information shall remain confidential.

(f) No city, town, clerk, or employee thereof shall incur civil liability for requiring identification or for refusing to record an instrument in good faith compliance with this chapter. 34-13.3-4. Fraudulent instruments -- Expedited quiet title procedure.

(a) Any person claiming to be the lawful owner of an interest in real property that is subject to a recorded instrument alleged to be false, forged, fictitious, or fraudulent may file a verified complaint in the superior court seeking expedited relief.

(b) Upon filing, the court shall:

(1) Schedule a hearing not fewer than five (5) days nor more than twenty (20) days from service of notice; and

(2) Permit service consistent with the Rhode Island rules of civil procedure.

(c) If the court finds that the instrument is materially false, forged, fictitious, or fraudulent and unsupported by any lawful basis, the court shall:

(1) Declare the instrument void ab initio;

(2) Order the removal of the cloud on title;

(3) Direct the city or town clerk to record and cross-index the court’s order; and

(4) Authorize the clerk to conspicuously mark the first page of the original recorded instrument with the following statement: "THIS INSTRUMENT HAS BEEN DECLARED VOID BY ORDER OF THE RHODE ISLAND SUPERIOR COURT. "

(d) The court may additionally:

(1) Award reasonable attorneys’ fees and costs to the prevailing party;

(2) Issue injunctive relief, including ejectment where appropriate;

(3) Impose a civil penalty not exceeding ten thousand dollars ($10,000) for a frivolous or malicious filing;

(4) Enter a pre-filing injunction against any person found to have repeatedly recorded fraudulent instruments.

(e) The remedies provided in this section shall be in addition to any other remedies available at law or in equity, including those under § 34-16-1.

SECTION 2. Chapter 34-16 of the General Laws entitled "Quieting Title" is hereby amended by adding thereto the following section: 34-16-16. Expedited action for fraudulent conveyance. The procedure set forth in § 34-13.3-4 shall constitute an expedited method of quieting title where fraud is alleged. Nothing herein shall limit the court’s authority under this chapter.

SECTION 3. Chapter 42-30.1 of the General Laws entitled "Uniform Law on Notarial Acts" is hereby amended by adding thereto the following section: 42-30.1-25. Identity verification for electronic submissions. A recorder may require identity verification consistent with chapter 13.3 of title 34 prior to accepting an electronic document for recording, except where submitted by a trusted submitter.

SECTION 4. This act shall take effect on January 1, 2027, and shall apply to instruments presented for recording on or after that date.