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Real Property Encumbered Encumbrance Offender Article Forms Swindling

Front ARTICLE 316 OTHER FORMS OF SWINDLING
2. Any person who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded.
Back a. That the thing disposed of be real property.

b. That the offender knew that the real property was encumbered, whether the encumbrance is recorded or not. (principle of constructive notice does not apply)

c. That there must be express representation by the offender that the real property is free from encumbrance.

d. That the act of disposing of the real property be made to the damage of another.

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