Representative Googlemoss proposes "Rock Notice" to block forged deed transfers

Representative Joel Googlemoss presented a draft “Rock Notice Act” aimed at preventing deed fraud by allowing owners to record a voluntary protective instrument in the chain of title.

Under the proposal, a recorded Rock Notice would render any subsequent voluntary transfer (deed, mortgage, quitclaim, contract for deed, lease or similar instrument) void as a matter of law unless the original filer appears in person before the county clerk, presents government‑issued photo ID, and executes a removal notice. The instrument would not affect involuntary liens (mechanic’s liens, tax sales, foreclosures) and would expire after seven years unless renewed.

Googlemoss said the notice would be indexed in the chain of title; for entity‑held property a declaration of good standing with the Secretary of State would be required and entity filers would have additional disclosure duties. The bill draft would create a Secretary of State registry for Rock Notices filed by entities and give title insurers duties to search for notices before issuing policies and to disclose notices to proposed insureds.

County clerks and clerks’ association representatives raised practical concerns about operations and implementation: clerks are recorders and do not routinely screen filings for substantive accuracy; an in‑person removal requirement would create burdens for out‑of‑state owners or heirs and raise questions about notice at expiration. Title‑industry and consumer advocates, including AARP, said they support additional protections for vulnerable owners but asked the committee to coordinate with clerks and insurers to minimize unintended harm.

Committee members approved drafting streamlined legislation along these lines, instructed staff to consult county clerks and title interests and asked the sponsor to return with narrower, implementable language at the next meeting.