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Misconduct/Fees

Penal Code section 115.5 creates a special penalty for filing false or forged documents affecting residential real property. Which of the following accurately describes who may be liable under this section?

A

Any person — notary or not — who knowingly files a false or forged document with the county recorder affecting title to a single-family residence containing not more than four dwelling units

B

Only title companies and escrow officers who record fraudulent documents

C

Only the person who forged the document, not the person who recorded it

D

Only licensed notaries public who knowingly notarize forged real property documents

Correct Answer

A. Any person — notary or not — who knowingly files a false or forged document with the county recorder affecting title to a single-family residence containing not more than four dwelling units

AI Explanation

Scope of Penal Code section 115.5. Penal Code section 115.5 applies to 'every person' who knowingly files a false or forged document — not just notaries. The notary may face additional penalties under Government Code section 8214.2, but section 115.5 targets anyone who files the false document. The key elements are: (1) the document is false or forged, (2) the person has knowledge of that fact, and (3) the document affects title to residential real property with up to four units.

Misconduct/Fees Question #303
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