BILL NUMBER: AB 1642 CHAPTERED BILL TEXT CHAPTER 94 FILED WITH SECRETARY OF STATE JULY 13, 2012 APPROVED BY GOVERNOR JULY 13, 2012 PASSED THE SENATE JUNE 28, 2012 PASSED THE ASSEMBLY APRIL 23, 2012 AMENDED IN ASSEMBLY MARCH 29, 2012 INTRODUCED BY Assembly Member Gordon (Coauthors: Assembly Members Alejo, Beall, Monning, and Wieckowski) FEBRUARY 13, 2012 An act to amend Section 880.340 of the Civil Code, and to amend Section 27201 of the Government Code, relating to the county recorder. LEGISLATIVE COUNSEL'S DIGEST AB 1642, Gordon. County recorder: recordation of documents. Existing law requires the county recorder, upon payment of proper fees and taxes, to record any document that is authorized or required by statute or court order to be recorded, provided that the document meets certain standards. This bill would additionally require the county recorder to record any document that is authorized or required by local ordinance adopted within that county to be recorded. Existing law sets forth the required form that a notice of intent to preserve an interest in real property must take. This bill would revise that form. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 880.340 of the Civil Code is amended to read: 880.340. Subject to all statutory requirements for recorded documents, a notice of intent to preserve an interest in real property shall be in substantially the following form: RECORDING INFORMATION Recording requested by: FOR USE OF COUNTY RECORDER After recording return to: Indexing instructions. This notice must be indexed as follows: Grantor and grantee index--each claimant is a grantor. NOTICE OF INTENT TO PRESERVE INTEREST This notice is intended to preserve an interest in real property from extinguishment pursuant to Title 5 (commencing with Section 880.020) of Part 2 of Division 2 of the Civil Code (Marketable Record Title). Claimant Name: Mailing address: (must be given for each claimant) Interest Character (e.g., power of termination): Record location of document creating or evidencing interest in claimant: Real Property Legal description (may be same as in recorded document creating or evidencing interest in claimant): I assert under penalty of perjury that this notice is not recorded for the purpose of slandering title to real property and I am informed and believe that the information contained in this notice is true. If this notice is made on behalf of a claimant, I assert under penalty of perjury that I am authorized to act on behalf of the claimant. Signed: ________________ Date: _________________ (claimant) ________________ (person acting on behalf of claimant) Certificate of acknowledgment required. SEC. 2. Section 27201 of the Government Code is amended to read: 27201. (a) The recorder shall, upon payment of proper fees and taxes, accept for recordation any instrument, paper, or notice that is authorized or required by statute, or court order to be recorded, or authorized or required to be recorded by a local ordinance that relates to the recordation of any instrument, paper, or notice that relates to real property, if the instrument, paper, or notice contains sufficient information to be indexed as provided by statute, meets recording requirements of state statutes and local ordinances, and is photographically reproducible. The county recorder shall not refuse to record any instrument, paper, or notice that is authorized or required by statute, court order, or local ordinance that relates to the recordation of any instrument, paper, or notice that relates to real property to be recorded on the basis of its lack of legal sufficiency. "Photographically reproducible," for purposes of this division, means all instruments, papers, or notices that comply with standards as recommended by the American National Standards Institute or the Association for Information and Image Management for recording of records. (b) (1) Each instrument, paper, or notice shall contain an original signature or signatures, except as otherwise provided by law, or be a certified copy of the original. (2) A facsimile signature shall be accepted on a lien recorded by a governmental agency when that facsimile signature has been officially adopted by that agency. The lien shall have noted on its face a statement to that effect. A copy of the agency's resolution or action adopting the signature for facsimile transmission purposes or a certified copy of the agency's adopted signature shall be provided to the county recorder when the signature is officially adopted by the agency, or at the beginning of each calendar year.