In theft and related offenses, further providing for grading of theft offenses.
HB 1406 creates a new offense in Pennsylvania for title or deed fraud and adds related civil remedies for property owners. The bill makes it a second-degree felony to fraudulently obtain, record, transmit, use, alter, conceal, or falsely swear to documents affecting title or other interests in real property, including documents that are digitally or electronically altered. It also covers filing or using forged instruments in proceedings involving real property and specifically reaches conduct involving a register of titles.
In addition to the criminal offense, the bill creates a private cause of action for owners whose property interests are harmed by a false or forged deed or similar instrument recorded in the public record. A victim may recover actual damages or $5,000, whichever is greater, plus costs, attorney fees, and any realty transfer taxes paid because of the fraud. The bill also requires courts to award attorney fees and costs related to resolving or restoring competing property interests, while protecting public officials and recorder of deeds employees from liability for actions taken in the lawful performance of their duties.
The bill also amends the theft grading statute to make theft or attempted theft involving a title, deed, or writing related to an interest in real property a felony of the second degree regardless of value. This broadens existing theft law so that real-property document theft is treated as a serious offense even when the monetary value of the document itself is low or difficult to measure. The act takes effect 60 days after enactment.
The overall sentiment around the bill appears strongly supportive and noncontroversial. It advanced through committee and floor votes unanimously in the House and later received unanimous committee action in the Senate, indicating broad bipartisan agreement that deed fraud and related property-record crimes warrant stronger penalties and remedies. The lack of recorded opposition or committee debate suggests the bill was viewed as a targeted consumer and property-protection measure.
The main policy focus is on preventing deed theft, forged conveyances, and fraudulent manipulation of real-estate records, especially through electronic means. Any potential contention would likely center on the scope of the new felony offense, the creation of a civil cause of action, and the mandatory fee-shifting and damages provisions, but no specific objections are reflected in the available record.
HB 1406 amends Title 18 of the Pennsylvania Consolidated Statutes in two places: it adds a new section defining title or deed fraud as a second-degree felony and it expands the grading of theft offenses so that theft involving real-property titles, deeds, or related writings is also a second-degree felony regardless of value. The bill creates new criminal exposure for individuals who forge, alter, conceal, record, or use fraudulent real-estate instruments, and it gives property owners a statutory civil remedy to recover damages, attorney fees, costs, and transfer taxes caused by the fraud. It also preserves immunity for recorder of deeds officials and other public employees acting within their lawful duties.
The available voting history shows unanimous support at every recorded stage, including committee reports and final passage in the House, followed by unanimous committee action in the Senate. With no recorded dissent and no committee transcripts indicating controversy, the bill appears to have been received as a practical anti-fraud measure aimed at protecting homeowners and the integrity of land records. The overall sentiment is strongly favorable and bipartisan.
No specific opposition is documented in the provided record, and all recorded votes were unanimous. The only likely areas of policy debate, based on the text itself, are the breadth of conduct covered by the new deed-fraud offense, the decision to classify the offense as a second-degree felony, and the civil remedy provisions that allow recovery of actual damages or a $5,000 minimum plus attorney fees and taxes. The bill also expressly avoids imposing liability on recorder of deeds offices and public employees for lawful acts, which may have been included to address administrative concerns about unintended exposure.