706.13(1)(1) In addition to any criminal penalty or civil remedy provided by law, any person who submits for filing, entering in the judgment and lien docket or recording, any lien, claim of lien, lis pendens, writ of attachment, financing statement or any other instrument relating to a security interest in or the title to real or personal property, and who knows or should have known that the contents or any part of the contents of the instrument are false, a sham or frivolous, is liable in tort to any person interested in the property whose title is thereby impaired, for punitive damages of $1,000 plus any actual damages caused by the filing, entering or recording.
706.13(2)
(2) This section applies to any person who causes another person to act in the manner specified in
sub. (1).
706.13(3)
(3) This section does not apply to a register of deeds or other government employee who acts in the course of his or her official duties and files, enters or records any instrument relating to title on behalf of another person.
706.13 Annotation
Enactment of this section did not create a cause of action nor destroy the common-law right of recovery. Schlytter v. Lesperance,
62 Wis. 2d 661,
215 N.W.2d 552 (1974).
706.13 Annotation
When a lawsuit is commenced under this section, conditional rather than absolute privilege applies to the filing of a lis pendens. Kensington Development v. Israel,
142 Wis. 2d 894,
419 N.W.2d 241 (1988).
706.13 Annotation
The filing of a lis pendens is not privileged when there is no relationship between the filing and the underlying action. Larson v. Zilz,
151 Wis. 2d 637,
445 N.W.2d 699 (Ct. App. 1989).
706.13 Annotation
To recover for slander of title, it is not necessary in all cases to prove the loss of an actual sale. The trial court must consider whether it is reasonable under the circumstances to require proof that the slander prevented a particular sale, and if not, the court must determine the degree of particularity required. Tym v. Ludwig,
196 Wis. 2d 375,
538 N.W.2d 600 (Ct. App. 1995),
94-2859.
706.14
706.14
Transitional and curative provisions. The operation or effect of a conveyance made or recorded in accordance with the provisions of any prior law of this state, or thereafter validated, perfected or cured under any such prior law, shall not be impaired by any provision of this chapter.
706.15
706.15
Liens against public officials or employees. No lien may be filed, entered or recorded against the real or personal property of any official or employee of the state or any political subdivision of the state, relating to an alleged breach of duty by the official or employee, except after notice and a hearing before a court of record and a finding by the court that probable cause exists that there was a breach of duty.
706.15 History
History: 1979 c. 221;
1995 a. 224.
706.20
706.20
Disclosure duty; immunity for providing notice about the sex offender registry. 706.20(1)
(1) Except as provided in
sub. (2), an owner of an interest in real property has no duty to disclose to any person in connection with the sale, exchange, purchase or rental of the real property any information related to the fact that a particular person is required to register as a sex offender under
s. 301.45 or any information about the sex offender registry under
s. 301.45.
706.20(2)
(2) If, in connection with the sale, exchange, purchase or rental of real property, a person requests of an owner of an interest in the real property information related to whether a particular person is required to register as a sex offender under
s. 301.45 or any other information about the sex offender registry under
s. 301.45, the owner has a duty to disclose such information, if the owner has actual knowledge of the information.
706.20(3)
(3) Notwithstanding
sub. (2), the owner is immune from liability for any act or omission related to the disclosure of information under
sub. (2) if the owner in a timely manner provides to the person requesting the information written notice that the person may obtain information about the sex offender registry and persons registered with the registry by contacting the department of corrections. The notice shall include the appropriate telephone number and Internet site of the department of corrections.
706.20 History
History: 1999 a. 89.
706.25
706.25
Uniform real property electronic recording act. 706.25(1)(a)
(a) "Document" means information that satisfies all of the following:
706.25(1)(a)1.
1. The information is inscribed on a tangible medium or it is stored in an electronic or other medium and is retrievable in perceivable form.
706.25(1)(a)2.
2. The information is eligible to be recorded in the land records maintained by the register of deeds.
706.25(1)(b)
(b) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
706.25(1)(c)
(c) "Electronic document" means a document that is received by the register of deeds in an electronic form.
706.25(1)(d)
(d) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
706.25(1)(e)
(e) "Paper document" means a document that is received by the register of deeds in a form that is not electronic.
706.25(1)(f)
(f) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
706.25(1)(g)
(g) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
706.25(2)
(2) Validity of electronic documents. 706.25(2)(a)(a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this section.
706.25(2)(b)
(b) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
706.25(2)(c)
(c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
706.25(3)(a)(a) A register of deeds may do any of the following:
706.25(3)(a)1.
1. Receive, index, store, archive, and transmit electronic documents.
706.25(3)(a)2.
2. Provide for access to, and for search and retrieval of, documents and information by electronic means.
706.25(3)(a)3.
3. Convert paper documents accepted for recording into electronic form.
706.25(3)(a)4.
4. Convert into electronic form information recorded before the register of deeds began to record electronic documents.
706.25(3)(a)5.
5. Accept electronically any fee that the register of deeds is authorized to collect.
706.25(3)(a)6.
6. Agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees.
706.25(3)(b)
(b) A register of deeds who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index.
706.25(3)(c)
(c) A register of deeds who performs any of the functions specified in this subsection shall do so in compliance with standards established by the electronic recording council and promulgated by rule under
sub. (4).
706.25(3)(d)
(d) Every document that a register of deeds accepts for recordation under this subsection shall be considered recorded despite its failure to conform to one or more of the requirements of this section or
s. 59.43 (2m), if the document is properly indexed in a public index maintained in the office of the register of deeds.
706.25(4)(a)(a) The electronic recording council shall adopt standards to implement this section. The department of administration shall promulgate by rule the standards adopted, amended, or repealed by the council under this paragraph.
706.25(4)(b)
(b) To keep the standards and practices of registers of deeds in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this section and to keep the technology used by registers of deeds in this state compatible with technology used by recording offices in other jurisdictions that enact substantially this section, the electronic recording council, so far as is consistent with the purposes, policies, and provisions of this section, in adopting, amending, and repealing standards shall consider all of the following:
706.25(4)(b)2.
2. The most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association.
706.25(4)(b)3.
3. The views of interested persons and governmental officials and entities.
706.25(4)(b)4.
4. The needs of counties of varying sizes, populations, and resources.
706.25(4)(b)5.
5. The need for security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
706.25(4)(c)
(c) The electronic recording council shall review the statutes related to real property and the statutes related to recording real property documents and shall recommend to the legislature any changes in the statutes that the council finds necessary or advisable.
706.25(5)
(5) Uniformity of application and construction. In applying and construing this section, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
706.25(6)
(6) Relation to electronic signatures in global and national commerce act. 706.25(6)(a)(a) Except as provided in
par. (b), this section modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act,
15 USC 7001, et seq.
706.25(7)
(7) Short title. This section may be cited as the Uniform Real Property Electronic Recording Act.
706.25 History
History: 2005 a. 421;
2009 a. 98.
