Article 9 and lien-related legislation
Alabama: House Bill 144 was introduced on 2/4/2025 to extend the scope of a mechanics lien to cover storage, fuel, repair, or maintenance work on an aircraft. The bill would also authorize the holder of such a lien to file it with the FAA.
Tennessee: House Bill 1342 was introduced on 2/6/2025 to revise filing office procedures following contest of a public official’s affidavit that a financing statement was filed without legal cause. This appears similar to Senate Bill 544, which was pre-filed at the end of 2024.
Tennessee: Senate Bill 864 was introduced on 2/5/2025 to amend the state’s version of Uniform Commercial Code (UCC) § 9-527 so the secretary of state must report to the legislature by January 15 each year instead of February 1.
Other uniform laws legislation (includes the 2022 amendments to the UCC with UCC Article 12-Controllable Electronic Records)
Arkansas: Senate Bill 133, which would add a definition for “central bank digital currency ” to UCC § 1-201(b) and exclude central bank digital currency from the definitions of “money” and “deposit account,” passed the Senate on 2/3/2025 and the House on 2/6/2025. The bill is pending delivery to the governor.
Colorado: Senate Bill 133 was introduced on 2/5/2025 to adopt the Colorado Voidable Transactions Act, which renames the Colorado Fraudulent Transfers Act and aligns it with the Uniform Voidable Transactions Act.
Illinois: Senate Bill 1540 was introduced on 2/4/2025 to amend the Uniform Electronic Transactions Act with respect to government agencies. The bill would authorize government agencies that use electronic signatures and documents to specify their own policies and procedures governing their use. This appears similar to House Bill 1632, which was introduced in mid-January.
Emerging technology legislation (blockchain, distributed ledger technology, cryptocurrency, etc.)
Illinois: Senate Bill 1429 was introduced on 1/31/2025 to regulate the noise emitted by cryptocurrency mining operations.
Illinois: Senate Bill 1797 was introduced on 2/6/2025 to create the Digital Assets and Consumer Protection Act. The bill would provide that the Department of Financial and Professional Regulation shall regulate digital asset business activity in the state.
Iowa: House File 246 was introduced on 2/6/2025 to authorize the state treasurer to invest in precious metals, qualifying digital assets, and certain stablecoins from certain state funds.
Kentucky: House Bill 376 was introduced on 2/5/2025 to provide that a state agency may accept payment in the form of digital assets or bullion but not central bank digital currency.
Kentucky: House Bill 377 was introduced on 2/5/2025 to prohibit the use of central bank digital currency, provide for perfection of a security interest in digital assets, and otherwise regulate digital assets.
Missouri: House Bill 1217 was introduced on 2/6/2025 to create the Bitcoin Strategic Reserve Fund. The bill would authorize the state treasurer to receive, invest, and hold Bitcoin in the fund under certain circumstances.
New Mexico: Senate Bill 275 was introduced on 2/4/2025 to create the Strategic Bitcoin Reserve Act. The act would authorize the state treasurer to invest a portion of certain funds in bitcoin.
Utah: House Bill 230, which would authorize the state treasurer to invest state funds in qualifying digital assets, passed the House on 2/6/2025. The bill would also authorize the state treasurer to engage in staking and lending of digital assets.
Business organization legislation
Alabama: House Bill 200 was introduced on 2/4/25 to revise the Alabama Business and Nonprofit Entity Code. The bill would make technical changes and clarifications regarding approval and authorization of agreements and simplify the purchase or transfer process for the interest of a deceased or disqualified member or stockholder.
Maryland: House Bill 1171 was introduced on 2/6/2025 to make various changes to business entity laws, including to establish a process for the transfer of assets subject to a security interest without approval of the shareholders and modify the requirements for articles of merger if certain entities are a party to the articles.
Kentucky: House Bill 388 was introduced on 2/5/2025 to provide that a director is not acting in good faith if he or she takes any action to implement DEI or ESG policies. The bill would further provide that in an action brought in the right of a domestic corporation the business judgment rule shall not be an affirmative defense where damages alleged to be suffered by the corporation are the result of DEI or ESG policies.
Virginia: House Bill 1796, which would enact the Virginia Decentralized Autonomous Organization Act, passed the House on 1/31/2025. The bill would provide for the formation, governance and regulation of such entities.
Notary legislation
Arizona: House Bill 2008, which would amend the state’s version of the Revised Uniform Law on Notarial Acts, passed the House on 2/6/2025. The amendments include clarification of the certificate requirements for notarial acts performed remotely and the stamp for both remote and electronic notaries. The bill would also allow the secretary of state to require applicants for a notary commission to pass a fingerprint check. The journal requirements would also be amended to require the notary’s thumb print, except in the case of notarial acts performed for remotely located individuals. In addition, the bill contains real estate recording provisions as well.
Georgia: House Bill 289 was introduced on 2/5/2025 to provide for remote online notarization and regulation of remote online notaries.
Georgia: Senate Bill 90 was introduced on 2/3/2025 to modernize the state’s notary laws. The bill would (i) provide for in-person electronic notarial acts; (ii) allow remote online notarial acts; (iii) prohibit witness-only closings; (iv) prohibit unauthorized practice of law by notaries and others involved in closings; and (v) create civil and criminal liability for any notary, technology provider, or any other person who aids and abets violations of this act.
Illinois: Senate Bill 1573 was introduced on 2/4/2025 to amend the Illinois Notary Public Act. The amendment would waive the fee of $25 for a commission as an electronic notary public and the requirement for a bond of $25,000 for a commission as an electronic notary for a period of two years. However, a bond of $5,000 would still be required.
Kansas: House Bill 2309 was introduced on 2/5/2025 to require the use of a 3D biometric authentication process for confirming the identity of a notary public witnessing a signature of real estate documents. The bill would require each notary public who notarizes real estate documents to use a process incorporating a biometric antifraud system. The use of such system shall be a condition of recording real estate documents with the register of deeds. The bill would also require each register of deeds to develop and implement protocols, procedures, and requirements for authentication of documents provided by a notary public utilizing the biometric antifraud system.
Montana: House Bill 165, which would eliminate the notary requirement for transfer of motor vehicle titles, passed the House on 1/29/2025.
Nevada: Assembly Bill 189 was introduced on 2/4/2025 to modify notary law related to taking an oath or affirmation.
New Mexico: Senate Bill 230 was introduced on 1/31/2025 to increase the maximum fees that a notary public may charge for certain notarial acts.
Real estate recording-related legislation
Arizona: House Bill 2008, which would require an individual to present the recorder with two forms of identification prior to recording a deed or other instrument affecting real property, passed the House on 2/6/2025. Exceptions apply for certain categories of persons, primarily those in the real estate, finance, or legal professions. There is also an exception for a “trusted submitter,” although the term is not defined in the act. In addition, the bill contains revisions to the state’s version of the Revised Uniform Law on Notarial Acts. See the comment above under Notary Legislation.
Arizona: Senate Bill 1726 was introduced on 2/3/2025 to provide a process for a property owner or the property owner’s authorized agent to have the sheriff immediately remove a person who is unlawfully occupying a residential dwelling under certain conditions.
California: Senate Bill 255 was introduced on 2/2/2025 to require each county within the state to establish a recorder notification program. Pursuant to the program, the county recorder, or a designee authorized by the county board of supervisors, would be required, within 30 days of recordation of a deed, quitclaim deed, or deed of trust, to notify the parties executing the document by mail or electronic communication in accordance with certain procedures.
Arkansas: House Bill 1367 was introduced on 2/3/2025 to require a government entity that keeps instruments of records affecting real property in an electronic format or as an electronic record to make such records available in electronic format to a title insurance agent, title insurance agency, or a person affiliated with a title insurance agency. The electronic record must not include any mark or notation that does not appear on the original and no fee may be charged for access to the record.
Illinois: Senate Bill 1523 was introduced on 2/4/2025 to require every county to establish and maintain a property fraud alert system. In addition, every recorder would be required to establish a fraud referral and review process to review deeds and instruments. The bill would also provide for a civil action by the property owner against any person who files or causes to be filed a deed or instrument that is recorded in the grantor’s index or the grantee’s index that is fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property.
Illinois: Senate Bill 1985 was introduced on 2/6/2025 to adopt the Stop Squatters Act. The bill would create a process for local law enforcement to remove a person who is unlawfully occupying residential or commercial property without any right to do so. The bill would also create a Class 4 felony for making a false statement to detain real property and fraudulent sale or lease of residential real property.
Iowa: House File 193 was introduced on 2/3/2025 to increase the recording fee per page from $5 to $10.
Kansas: House Bill 2290 was introduced on 2/5/2025 to prohibit foreign principals from countries of concern from acquiring any interest in certain real property in this state. A foreign principal includes government entities, companies, and individuals from countries of concern.
Kentucky: House Bill 315 was introduced on 2/4/2025 to prohibit a non-resident alien, foreign business, foreign agent, trustee, or fiduciary associated with the government of any proscribed country from the purchase, lease, or acquisition of agricultural land in the state.
Kentucky: Senate Bill 250 was introduced on 2/4/2025 to provide a process for a property owner or the property owner’s authorized agent to have the sheriff immediately remove a person who is unlawfully occupying a residential dwelling under certain conditions. The bill also would create the offense of making false statements to detain property.
New York: Senate Bill 4238 was introduced on 2/3/2025 to provide a court process for the restoration of title and possession of real property to the last bona fide owner of the property following a fraudulent transfer. The bill would also provide for recording of the judgment and direct the recording clerk to place a notation on any documents deemed fraudulent by the court.
New York: Senate Bill 4293 was introduced on 2/3/2025 to require any title insurance company, title abstract company, or escrow company to include on a separate page in an abstract a notification of unlawful restrictive covenants; to provide the purchaser with a restrictive covenant modification document prior to closing; and to record the restrictive covenant modification document.
Rhode Island: Senate Bill 133 was introduced on 1/31/2025 to prohibit unfair service agreements and provide that the recorder of deeds may refuse to record an unfair service agreement.
South Dakota: House Bill 1240 was introduced on 2/5/2025 to provide that a person must record an affidavit of succession with the register of deeds to succeed to the ownership of an abandoned mineral interest.
Tennessee: House Bill 1018 and Senate Bill 847 were introduced on 2/4/2025 to require that a deed of conveyance of real property include the zoning classification of the property at the time of recording.
Tennessee: House Bill 1039 was introduced on 2/4/2025 and Senate Bill 1230 on 2/5/2025 to modify the Uniform Real Property Electronic Recording Act (URPERA). The bills would specify that only certain persons may submit electronic records for registration with a register of deeds that accepts electronic records URPERA. These include a licensed attorney, financial institutions, a person licensed to make regulated loans, a title insurance company or title agent, or any government entity. The bills also would provide that the register of deeds may receive documents on behalf of such entities through an electronic filing vendor. The bills would also make it the responsibility of the electronic filing provider to ensure that the vendor is only transmitting electronic documents on behalf of persons authorized by the bills and make the vendor liable for any damages resulting from the vendor’s failure to comply with these requirements.
Texas: House Bill 2454 was introduced on 2/4/2025 to provide a process for a property owner or the property owner’s authorized agent to have the sheriff immediately remove a person who is unlawfully occupying a residential dwelling under certain conditions. The bill also creates the offense of making false statements to detain property.
Texas: House Bill 2519 was introduced on 2/6/2025 to provide that an instrument conveying real property may not be recorded unless it is accompanied by a notice of real property title transfer, which must contain the name, address and SSN of the grantor and grantee plus their signatures made under oath.
Texas: House Bill 2536 was introduced on 2/6/2025 to provide that a government entity of a designated country or certain companies and individuals associated with a designated country may not purchase or otherwise acquire title to real property in the state.
Utah: Senate Bill 55, which would provide remedies for homeowners to immediately recover their property against unlawful trespassers, passed the Senate on 2/3/2025. The bill would also impose criminal penalties for any person who knowingly and willfully presents a false document purporting to be a valid lease agreement, deed, or other instrument conveying real property rights; and for fraudulently listing or advertising for sale, or renting or leasing, residential real property under certain circumstances.
Virginia: Senate Bill 1270, which would require localities to establish a property alert notification system in the local land records office that allows a person to enroll real property owned by the person in the system, passed the Senate on 1/31/2025. The property alert notification system would notify the enrolled owner of the recording of any document describing, affecting or purporting to affect the enrolled property. A companion bill, House Bill 2396, passed the House on 2/3/2025.
Other items and legislation of interest
New York: Assembly Bill 4465 was introduced on 2/4/2025 to establish a housing court with a range of subject matter jurisdiction related to real property.
Utah: House Bill 99, which would restrict the use of consumer report information to contact the consumer for solicitations to market mortgage loan services, passed the House on 2/6/2025.
Note that this update provides only a short summary of the listed bills, which are often lengthy and complex. It is not intended to include all potentially relevant provisions of each bill. For full details, please review the bill on the applicable state legislative website.
