Monday, February 20, 2017

Fraudulent liens
A recent 320-count indictment and the arrest of 10 people including two from Cocke County and one from Greene County, from a joint investigation by the TBI and FBI highlight an ongoing problem. People are filing fraudulent liens with the Division of Business Services, which can ruin the lives of public officials. Legislation currently before the General Assembly, would allow officials to permanently remove fraudulent liens from the filing record. “These arrests send a clear message. Public officials as well as state and local government employees shouldn’t be harassed with fraudulent liens just for doing their jobs," argues Secretary of State Tre Hargett. "We believe this will provide an expedited and uncomplicated remedy to this targeted abuse. Additionally, since legal costs associated with this process can be recovered under this legislation, fraudulent filers should think twice before they file." Fraudulent liens by anti-government "Sovereign Citizens" have often targeted judges or other public officials claiming they erroneously owe millions of dollars. These liens can become a huge headache if that official tries to buy a home or conduct any other transaction that reviews their credit history. The proposed legislation would allow fraudulent liens to be removed without requiring a court order. Public officials could file an affidavit stating the lien was filed without "any reasonable basis or legal cause." The Secretary of State’s office will then give notice to the purported secured party. If the secured party does not respond to dispute the affidavit, the lien is removed from the record.


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