For purposes of § 22-11-28, the term, offers, includes the mailing of the instrument to a public office with the knowledge or belief that the instrument will be filed with, registered, or recorded in, or otherwise become a part of, the records of the public office. For purposes of § 22-11-28, the term, counterfeit lien, means a lien that:

1. (1) Is not provided for by a specific state or federal statute;
2. (2) Does not depend upon the consent of the owner of the property affected for its existence; and
3. (3) Is not an equitable or constructive lien imposed by a court recognized under the U.S. Constitution, federal laws, or the constitution or laws of this state.

Source: SL 1997, ch 45 , § 8; SL 2005, ch 120 , § 227.