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2020 Tennessee Code
Title 39 - Criminal Offenses
Chapter 17 - Offenses Against Public Health, Safety and Welfare
Part 1 - Miscellaneous
§ 39-17-116. Unlawful to Draw Property Transfer Documents Without Interest in Property
Universal Citation: TN Code § 39-17-116 (2020)
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- It is an offense for any person to knowingly cause to be prepared, sign, or file records of any property transfer document when the transferor, grantor or person applying for registration knows or should know by an examination of the public records, that the transferor or grantor has no legal nor equitable interest to convey, or when there is no reasonable basis for assumption that the transferor or grantor has any interest in the property.
- As used in this subsection (a), “person” includes any individual, corporation, firm, company, partnership, or association.
- Upon a final conviction for an offense pursuant to this section, any court having or exercising circuit court jurisdiction may order the filing of an order of said court declaring the offending transfer document or documents to be void and of no legal effect and removing any cloud on the title that may have arisen because of said documents.
- This section shall not be applicable to any licensed attorney who, in good faith, prepares such a transfer document in the course of representation of a client.
- A violation of subsection (a) shall be a Class E felony.
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