§507D-1  Findings and purpose.  The
legislature finds that there is a problem with the recording at the land court
or the bureau of conveyances of invalid instruments which purport to affect the
property interests of various persons, including but not limited to government
officers and employees.  These instruments, which have no basis in fact or law,
have a seriously disruptive effect on property interests and title.  They
appear on title searches and other disclosures based on public records, and are
costly and time-consuming to expunge.  When they so appear, they may obstruct a
property owner's ability to transfer title or obtain title insurance and
financing.



The bureau of conveyances does not have the
discretionary authority to refuse to record instruments so long as those
instruments comply with certain minimal format requirements.  It would be
inefficient and require substantial governmental expenditures to have the
bureau of conveyances determine the legal sufficiency of instruments submitted
for recordation.  The land court's registrar screens instruments submitted for
recordation, but has no mechanism to prevent the filing of frivolous lien
claims during the pendency of litigation.  Similarly, the public is in need of
a mechanism to address the filing of frivolous financing statements.



The legislature finds that it is necessary and
in the best interests of the State and private parties to legislatively provide
a means to relieve this problem, and to limit the circumstances in which
nonconsensual common law liens shall be recognized in this State and to remedy
the filing of frivolous financing statements. [L 1996, c 24, pt of §1; am L
2002, c 145, §3]