7 - C.2C:21-42

Title 2A.

Subtitle 6.

Chapter 37B.

(New)

False or

Fraudulent

Financing

Statements

8 -9 -

C.2A:37B-1 &

2A:37B-2

10 - Note

 


P.L.2015, CHAPTER 59, approved May 11, 2015

Assembly Committee Substitute (Second Reprint) for

Assembly, No. 2481

 

 


An Act concerning fraudulent financing statements, amending various parts of the statutory law and supplementing Titles 2A and 2C of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 1 of P.L.1995, c.23 (C.47:1A-1.1) is amended to read as follows:

     1.    As used in P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented:

     "Biotechnology" means any technique that uses living organisms, or parts of living organisms, to make or modify products, to improve plants or animals, or to develop micro-organisms for specific uses; including the industrial use of recombinant DNA, cell fusion, and novel bioprocessing techniques.

     "Custodian of a government record" or "custodian" means in the case of a municipality, the municipal clerk and in the case of any other public agency, the officer officially designated by formal action of that agency's director or governing body, as the case may be.

     "Government record" or "record" means any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of his or its official business by any such officer, commission, agency, or authority of the State or of any political subdivision thereof, including subordinate boards thereof.  The terms shall not include inter-agency or intra-agency advisory, consultative, or deliberative material.

     A government record shall not include the following information which is deemed to be confidential for the purposes of P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented:

     information received by a member of the Legislature from a constituent or information held by a member of the Legislature concerning a constituent, including but not limited to information in written form or contained in any e-mail or computer data base, or in any telephone record whatsoever, unless it is information the constituent is required by law to transmit;

     any memorandum, correspondence, notes, report or other communication prepared by, or for, the specific use of a member of the Legislature in the course of the member's official duties, except that this provision shall not apply to an otherwise publicly-accessible report which is required by law to be submitted to the Legislature or its members;

     any copy, reproduction or facsimile of any photograph, negative or print, including instant photographs and videotapes of the body, or any portion of the body, of a deceased person, taken by or for the medical examiner at the scene of death or in the course of a post mortem examination or autopsy made by or caused to be made by the medical examiner except:

     when used in a criminal action or proceeding in this State which relates to the death of that person,

     for the use as a court of this State permits, by order after good cause has been shown and after written notification of the request for the court order has been served at least five days before the order is made upon the county prosecutor for the county in which the post mortem examination or autopsy occurred,

     for use in the field of forensic pathology or for use in medical or scientific education or research, or

     for use by any law enforcement agency in this State or any other state or federal law enforcement agency;

     criminal investigatory records;

     victims' records, except that a victim of a crime shall have access to the victim's own records;

     any written request by a crime victim for a record to which the victim is entitled to access as provided in this section, including, but not limited to, any law enforcement agency report, domestic violence offense report, and temporary or permanent restraining order;

     personal firearms records, except for use by any person authorized by law to have access to these records or for use by any government agency, including any court or law enforcement agency, for purposes of the administration of justice;

     personal identifying information received by the Division of Fish and Wildlife in the Department of Environmental Protection in connection with the issuance of any license authorizing hunting with a firearm.  For the purposes of this paragraph, personal identifying information shall include, but not be limited to, identity, name, address, social security number, telephone number, fax number, driver's license number, email address, or social media address of any applicant or licensee;

     trade secrets and proprietary commercial or financial information obtained from any source.  For the purposes of this paragraph, trade secrets shall include data processing software obtained by a public body under a licensing agreement which prohibits its disclosure;

     any record within the attorney-client privilege.  This paragraph shall not be construed as exempting from access attorney or consultant bills or invoices except that such bills or invoices may be redacted to remove any information protected by the attorney-client privilege;

     administrative or technical information regarding computer hardware, software and networks which, if disclosed, would jeopardize computer security;

     emergency or security information or procedures for any buildings or facility which, if disclosed, would jeopardize security of the building or facility or persons therein;

     security measures and surveillance techniques which, if disclosed, would create a risk to the safety of persons, property, electronic data or software;

     information which, if disclosed, would give an advantage to competitors or bidders;

     information generated by or on behalf of public employers or public employees in connection with any sexual harassment complaint filed with a public employer or with any grievance filed by or against an individual or in connection with collective negotiations, including documents and statements of strategy or negotiating position;

     information which is a communication between a public agency and its insurance carrier, administrative service organization or risk management office;

     information which is to be kept confidential pursuant to court order;

     any copy of form DD-214, or that form, issued by the United States Government, or any other certificate of honorable discharge, or copy thereof, from active service or the reserves of a branch of the Armed Forces of the United States, or from service in the organized militia of the State, that has been filed by an individual with a public agency, except that a veteran or the veteran's spouse or surviving spouse shall have access to the veteran's own records;

     any copy of an oath of allegiance, oath of office or any affirmation taken upon assuming the duties of any public office, or that oath or affirmation, taken by a current or former officer or employee in any public office or position in this State or in any county or municipality of this State, including members of the Legislative Branch, Executive Branch, Judicial Branch, and all law enforcement entities, except that the full name, title, and oath date of that person contained therein shall not be deemed confidential; and

     that portion of any document which discloses the social security number, credit card number, unlisted telephone number or driver license number of any person; except for use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf thereof, or any private person or entity seeking to enforce payment of court-ordered child support; except with respect to the disclosure of driver information by the New Jersey Motor Vehicle Commission as permitted by section 2 of P.L.1997, c.188 (C.39:2-3.4); and except that a social security number contained in a record required by law to be made, maintained or kept on file by a public agency shall be disclosed when access to the document or disclosure of that information is not otherwise prohibited by State or federal law, regulation or order or by State statute, resolution of either or both houses of the Legislature, Executive Order of the Governor, rule of court or regulation promulgated under the authority of any statute or executive order of the Governor.

     A government record shall not include, with regard to any public institution of higher education, the following information which is deemed to be privileged and confidential:

     pedagogical, scholarly and/or academic research records and/or the specific details of any research project conducted under the auspices of a public higher education institution in New Jersey, including, but not limited to research, development information, testing procedures, or information regarding test participants, related to the development or testing of any pharmaceutical or pharmaceutical delivery system, except that a custodian may not deny inspection of a government record or part thereof that gives the name, title, expenditures, source and amounts of funding and date when the final project summary of any research will be available;

     test questions, scoring keys and other examination data pertaining to the administration of an examination for employment or academic examination;

     records of pursuit of charitable contributions or records containing the identity of a donor of a gift if the donor requires non-disclosure of the donor's identity as a condition of making the gift provided that the donor has not received any benefits of or from the institution of higher education in connection with such gift other than a request for memorialization or dedication;

     valuable or rare collections of books and/or documents obtained by gift, grant, bequest or devise conditioned upon limited public access;

     information contained on individual admission applications; and

     information concerning student records or grievance or disciplinary proceedings against a student to the extent disclosure would reveal the identity of the student.

     "Personal firearms record" means any information contained in a background investigation conducted by the chief of police, the county prosecutor, or the Superintendent of State Police, of any applicant for a permit to purchase a handgun, firearms identification card license, or firearms registration; any application for a permit to purchase a handgun, firearms identification card license, or firearms registration; any document reflecting the issuance or denial of a permit to purchase a handgun, firearms identification card license, or firearms registration; and any permit to purchase a handgun, firearms identification card license, or any firearms license, certification, certificate, form of register, or registration statement.  For the purposes of this paragraph, information contained in a background investigation shall include, but not be limited to, identity, name, address, social security number, phone number, fax number, driver's license number, email address, social media address of any applicant, licensee, registrant or permit holder.

     "Public agency" or "agency" means any of the principal departments in the Executive Branch of State Government, and any division, board, bureau, office, commission or other instrumentality within or created by such department; the Legislature of the State and any office, board, bureau or commission within or created by the Legislative Branch; and any independent State authority, commission, instrumentality or agency.  The terms also mean any political subdivision of the State or combination of political subdivisions, and any division, board, bureau, office, commission or other instrumentality within or created by a political subdivision of the State or combination of political subdivisions, and any independent authority, commission, instrumentality or agency created by a political subdivision or combination of political subdivisions.

     "Law enforcement agency" means a public agency, or part thereof, determined by the Attorney General to have law enforcement responsibilities.

     "Constituent" means any State resident or other person communicating with a member of the Legislature.

     "Member of the Legislature" means any person elected or selected to serve in the New Jersey Senate or General Assembly.

     "Criminal investigatory record" means a record which is not required by law to be made, maintained or kept on file that is held by a law enforcement agency which pertains to any criminal investigation or related civil enforcement proceeding.

     "Victim's record" means an individually-identifiable file or document held by a victims' rights agency which pertains directly to a victim of a crime except that a victim of a crime shall have access to the victim's own records.

     "Victim of a crime" means a person who has suffered personal or psychological injury or death or incurs loss of or injury to personal or real property as a result of a crime, or if such a person is deceased or incapacitated, a member of that person's immediate family.

     "Victims' rights agency" means a public agency, or part thereof, the primary responsibility of which is providing services, including but not limited to food, shelter, or clothing, medical, psychiatric, psychological or legal services or referrals, information and referral services, counseling and support services, or financial services to victims of crimes, including victims of sexual assault, domestic violence, violent crime, child endangerment, child abuse or child neglect, and the Victims of Crime Compensation Board, established pursuant to P.L.1971, c.317 (C.52:4B-1 et seq.) and continued as the Victims of Crime Compensation Office pursuant to P.L.2007, c.95 (C.52:4B-3.2 et al.) and Reorganization Plan No. 001-2008.

(cf: P.L.2014, c.19, s.2)

 

     2.    N.J.S.12A:9-502 is amended to read as follows:

     12A:9-502. Contents of Financing Statement; Record of Mortgage as Financing Statement; Time of Filing Financing Statement.

     (a)   Sufficiency of financing statement. Subject to subsection (b), a financing statement is sufficient only if it:

     (1)   provides the name of the debtor;

     (2)   provides the 2[legal]2 name of the secured party or 2[the legal name of]2 a representative of the secured party 2, which discloses the identity of the secured party or representative2; and

     (3)   indicates the collateral covered by the financing statement and that the collateral is within the scope of this chapter 2, pursuant to 12A:9-102 and 12A:9-1092.

     (b)   Real-property-related financing statements. Except as otherwise provided in 12A:9-501(b), to be sufficient, a financing statement that covers as-extracted collateral or timber to be cut, or which is filed as a fixture filing and covers goods that are or are to become fixtures, must satisfy subsection (a) and also:

     (1)   indicate that it covers this type of collateral;

     (2)   indicate that it is to be filed in the real property records;

     (3)   provide a description of the real property to which the collateral is related; and

     (4)   if the debtor does not have an interest of record in the real property, provide the name of a record owner.

     (c)   Record of mortgage as financing statement.  A record of a mortgage is effective, from the date of recording, as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut only if:

     (1)   the record indicates the goods or accounts that it covers;

     (2)   the goods are or are to become fixtures related to the real property described in the record or the collateral is related to the real property described in the record and is as-extracted collateral or timber to be cut;

     (3)   the record satisfies the requirements for a financing statement in this section, but:

     (A)  the record need not indicate that it is to be filed in the real property records; and

     (B)  the record sufficiently provides the name of a debtor who is an individual if it provides the individual name of the debtor or the surname and first personal name of the debtor, even if the debtor is an individual to whom 12A:9-503(a)(4) applies; and

     (4)   the record is recorded.

     (d)   Filing before security agreement or attachment.  A financing statement may be filed before a security agreement is made or a security interest otherwise attaches.

(cf: P.L.2013, c.65, s.21)

 

     3.    N.J.S.12A:9-516 is amended to read as follows:

     12A:9-516. What Constitutes Filing; Effectiveness of Filing.

     (a)   What constitutes filing. Except as otherwise provided in subsection (b), communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.

     (b)   Refusal to accept record; filing does not occur. Filing does not occur with respect to a record that a filing office refuses to accept because:

     (1)   the record is not communicated by a method or medium of communication authorized by the filing office;

     (2)   an amount equal to or greater than the applicable filing fee is not tendered;

     (3)   the filing office is unable to index the record because:

     (A)  in the case of an initial financing statement, the record does not provide a name for the debtor;

     (B)  in the case of an amendment or information statement, the record:

     (i)   does not identify the initial financing statement as required by 12A:9-512 or 12A:9-518, as applicable; or

     (ii)  identifies an initial financing statement whose effectiveness has lapsed under 12A:9-515;

     (C)  in the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's  surname; or

     (D)  in the case of a record filed or recorded in the filing office described in 12A:9-501(a) (1), the record does not provide a sufficient description of the real property to which it relates;

     (4)   in the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;

     (5)   in the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:

     (A)  provide a mailing address for the debtor; or

     (B)  indicate whether the name provided as the name of the debtor is the name of an individual or an organization;

     (C)  (Deleted by amendment, P.L.2013, c.65.)

     (6)   in the case of an assignment reflected in an initial financing statement under 12A:9-514 (a) or an amendment filed under 12A:9-514(b), the record does not provide a name and mailing address for the assignee; [or]

     (7)   in the case of a continuation statement, the record is not filed within the six-month period prescribed by 12A:9-515(d); or

     (8)   one or more of the following circumstances exist:

     (A)  the record is not required or authorized to be filed or recorded with the filing office;

     (B)  the record on its face is being filed or recorded for a purpose outside the scope of this chapter;

     (C)  the collateral described in the record is not within the scope of this chapter;

     (D)  the filing office reasonably believes that the filer is attempting to file under a fictitious name 1with the intent to harass or defraud the person identified as the debtor 2[because:

     (i)   names are written in all capital or all lowercase letters or interspersed with colons;

     (ii)  signatures or names are followed by the words "sui juris," "under duress," "living soul," or a copyright symbol;

     (iii) the presence of personal seals, stamps, thumb prints, or other embossed logos; or

     (iv) the words "accepted for value" or "all rights reserved" appear anywhere on the documents1]2 ;

     (E)  the filing office reasonably believes that the record is materially false or fraudulent because:

     (i)   the record asserts a claim against a current or former officer or employee of any federal, state, county, or other local governmental unit, including members of the Legislative Branch, Executive Branch, Judicial Branch, and all law enforcement entities, and relates to the performance or non-performance of the officer's or employee's public duties, and for which the filer does not hold a properly executed security agreement or judgment from a court of competent jurisdiction;

     (ii)  the record indicates that the debtor and the secured party are 1[substantially]1 the same;

     (iii) the record indicates that an individual is a transmitting utility; or

     (iv) the filer is incarcerated.

     The provisions of this paragraph (8) 1[do not apply to a record communicated to the filing office by a properly documented regulated financial institution] are not subject to the "mandatory refusal to accept record" requirement of 12A:9-520(a).  However, upon discovery of a filed record that meets the provisions of this paragraph (8), the filing office shall remove that record as per procedures established in rules promulgated in accordance with 12A:9-526(a)1.

     The filing office and the employees of the filing office may not be held liable for the filing or non-filing of any record described within this paragraph (8).

     (c)   Rules applicable to subsection (b).  For purposes of subsection (b):

     (1)   a record does not provide information if the filing office is unable to read or decipher the information; and

     (2)   a record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by 12A:9-512, 12A:9-514, or 12A:9-518, is an initial financing statement.

     (d)   Refusal to accept record; record effective as filed record.  A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection (b), is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.

(cf: P.L.2013, c.65, s.25)

 

     24.   N.J.S.12A:9-520 is amended to read as follows:

     12A:9-520. Acceptance and refusal to accept record.

     (a)   Mandatory refusal to accept record.  A filing office shall refuse to accept a record for filing for a reason set forth in 12A:9-516 (b) and may refuse to accept a record for filing only for a reason set forth in 12A:9-516 (b).

     (b)   Communication concerning refusal.  If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it.  The communication must be made at the time and in the manner prescribed by filing-office rule but, in the case of a filing office described in 12A:9-501 (a) (2), in no event more than two business days after the filing office receives the record.

     (c)   When filed financing statement effective.  A filed financing statement satisfying 12A:9-502 (a) and (b) is effective, even if the filing office is required to refuse to accept it for filing under subsection (a).  However, 12A:9-338 applies to a filed financing statement providing information described in 12A:9-516 (b) (5) which is incorrect at the time the financing statement is filed.

     (d)   Separate application to multiple debtors.  If a record communicated to a filing office provides information that relates to more than one debtor, this part applies as to each debtor separately.

     (e)   The provisions of 12A:9-516(b)(8)(A) through (E) do not apply to a financing statement filed by a registered organization or a representative of a registered organization.  If a registered organization that is attempting to file a financing statement is organized under the law of a governmental unit other than this State and the filing office reasonably believes the record is submitted to harass, defraud, or for any other unlawful purpose, the filing office may require the registered organization or its representative to provide verification from the jurisdiction under whose law the institution is organized.  As used in this subsection, "registered organization" means that term as defined in 12A:9-102.2

(cf: P.L. 2001, c.386, s.84)

 

     2[4.] 5.2     N.J.S.12A:9-525 is amended to read as follows:

     12A:9-525. Fees. 

     (a)   Initial financing statement or other record: general rule.  Except as otherwise provided in [subsection] subsections (d) and (e), the fees for filing and indexing records under this part are:

     (1)   $25 for financing statement;

     (2)   $25 for continuation statement;

     (3)   $25 for amendment statement;

     (4)   $25 for partial release;

     (5)   $25 for assignment;

     (6)   $25 termination statement; and

     (7)   $1 per page for copy of any filed financing statement.

     (b)   Number of names.  Except as otherwise provided in subsection (d), the number of names required to be indexed does not affect the amount of the fee in subsection (a).

     (c)   Response to information request.  The fee for responding to a request for information from the filing office, including for issuing a certificate of search showing whether there is on file any financing statement naming a particular debtor, is $25.

     (d)   Record of mortgage.  This section does not require a fee with respect to a record of mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under 12A:9-502 (c).  However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply.

     (e)   No fee shall be paid for any correction statement, termination statement, or other documentation filed by any current or former officer or employee of any federal, state, county, or other local governmental unit, including members of the Legislative Branch, Executive Branch, Judicial Branch, and all law enforcement entities, or the officer's or employee's immediate family or estate, filing for the purpose of removing a fraudulent or otherwise improper filing or record related to the performance or non-performance of that officer's or employee's public duties for which the initial filer did not hold a properly executed security agreement or judgment from a court of competent jurisdiction 2or for which the initial filer was not entitled to file the initial financing statement under 12A:9-5092.

(cf: P.L.2002, c.34, s.19)

 

     2[5.] 6.2     N.J.S.12A:9-625 is amended to read as follows:

     12A:9-625. Remedies for Secured Party's Failure to Comply with Chapter.

     (a)   Judicial orders concerning noncompliance. If it is established that a secured party is not proceeding in accordance with this chapter, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions.

     (b)   Damages for noncompliance.  Subject to subsections (c), (d) and (f), a person is liable for damages in the amount of any loss caused by a failure to comply with this chapter. Loss caused by a failure to comply may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative financing.

     (c)   Persons entitled to recover damages; statutory damages if collateral is consumer goods. Except as otherwise provided in 12A:9-628:

     (1)   a person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under subsection (b) for its loss; and

     (2)   if the collateral is consumer goods, a person that was a debtor or a secondary obligor at the time a secured party failed to comply with this part may recover for that failure in any event an amount not less than the credit service charge plus 10 percent of the principal amount of the obligation or the time-price differential plus 10 percent of the cash price.

     (d)   Recovery when deficiency eliminated or reduced.  A debtor whose deficiency is eliminated under 12A:9-626 may recover damages for the loss of any surplus.  However, a debtor or secondary obligor whose deficiency is eliminated or reduced under 12A:9-626 may not otherwise recover under subsection (b) for noncompliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance.

     (e)   Statutory damages:  noncompliance with specified provisions.  In addition to any damages recoverable under subsection (b), the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover $500 in each case from a person that:

     (1)   fails to comply with 12A:9-207;

     (2)   fails to comply with 12A:9-208;

     (3)   files a record that the person is not entitled to file under 12A:9-509 (a);

     (4)   fails to cause the secured party of record to file or send a termination statement as required by 12A:9-513 (a) or (c);

     (5)   fails to comply with 12A:9-616 (b) (1) and whose failure is part of a pattern, or consistent with a practice, of noncompliance; or

     (6)   fails to comply with 12A:9-616 (b) (2).

     (f)   Statutory damages:  noncompliance with 12A:9-210.  A debtor or consumer obligor may recover damages under subsection (b) and, in addition, $500 in each case from a person that, without reasonable cause, fails to comply with a request under 12A:9-210.  A recipient of a request under 12A:9-210 which never claimed an interest in the collateral or obligations that are the subject of a request under that section has a reasonable excuse for failure to comply with the request within the meaning of this subsection.

     (g)   Limitation of security interest: noncompliance with 12A:9-210.  If a secured party fails to comply with a request regarding a list of collateral or a statement of account under 12A:9-210, the secured party may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure.

     (h)   Additional damages for fraudulent filings:  any current or former officer or employee of any federal, state, county, or other local governmental unit, including members of the Legislative Branch, Executive Branch, Judicial Branch, and all law enforcement entities, or the current or former officer's or employee's immediate family or estate injured by a filing that relates to the performance or non-performance of the officer's or employee's public duties, and for which the filer does not hold a properly executed security agreement or judgment from a court of competent jurisdiction 2or for which the initial filer was not entitled to file the initial financing statement under 12A:9-5092 , may bring a civil action in the Superior Court against the person or entity who filed or recorded the injuring documents.  Upon a finding that a filing is false or contains any materially false, fictitious, or fraudulent statement or representation, or with the intent to harass, hinder, defraud, retaliate against, or in any way impede the performance of that officer's or employee's duties, the court may do any one or more of the following:

     (1)   order the defendant to pay a sum of not less than $2000 for each fraudulent filing or, the actual damages caused by the filing or recording, whichever is greater;

     (2)   enjoin the defendant from filing any future liens, encumbrances, court actions, or claims against persons specified by the court without approval of the court;

     (3)   award the defendant court costs and reasonable attorney's fees; or

     (4)   order any other relief as is required to clear title to the real or personal property.

(cf: P.L.2013, c.65, s.29)

 

     2[6.]  7.2    (New section) A person commits a crime of the second degree if he files or records, or directs another to file or record, in any public record or in any private record which is generally available to the public, any document, lien, encumbrance, or court action against the real or personal property of a current or former public servant, the public servant's immediate family or estate, a current or former federal officer or employee, or the officer's or employee's immediate family or estate, on account of the performance or non-performance of that public servant's, officer's or employee's official duties, knowing or having reason to know that such document, lien, encumbrance, or court action is false or contains any materially false, fictitious, or fraudulent statement or representations, or with the intent to harass, hinder, defraud, retaliate against, or in any way impede the performance of that public servant's, officer's or employee's duties.

     A person convicted of a violation of this section may, in addition to any other penalty imposed by the court, be enjoined from filing any future liens, encumbrances, or court actions against persons specified by the court without approval of the court.

 

     2[7.] 8.2     (New section) Any current or former officer or employee of any federal, state, county, or other local governmental unit, including members of the Legislative Branch, Executive Branch, Judicial Branch, and all law enforcement entities, or the current or former officer's or employee's immediate family or estate injured by a filing or recording that relates to the performance or non-performance of the officer's or employee's public duties, and for which the filer does not hold a properly executed security agreement or judgment from a court of competent jurisdiction 2or for which the initial filer was not entitled to file the initial financing statement under 12A:9-5092 may bring a civil action against the person or entity who filed or recorded the documents.  Upon a showing that a filing is false or contains any materially false, fictitious, or fraudulent statement or representations, or with the intent to harass, hinder, defraud, retaliate against, or in any way impede the performance of that officer's or employee's duties, the court may do any one or more of the following:

     a.    order the defendant to pay a sum of not less than $2000 for each fraudulent filing or, the actual damages caused by the filing or recording, whichever is greater;

     b.    enjoin the defendant from making any future liens, encumbrances, court actions, or claims against persons specified by the court without approval of the court;

     c.    award the plaintiff court costs and reasonable attorney's fees;  or

     d.    order any other relief as is required to clear title to the real or personal property.

 

     29.   (New section)  The Division of Revenue in the Department of  the Treasury may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the provisions of this act.2

 

     2[8.]  10.2  This act shall take effect immediately 2, and shall apply only to documents filed on or after the effective date of this act2.

                                

 

     Provides remedies for certain fraudulent financing statements.