AB 679, as amended, Travis Allen. Documents: recordation.
Existing law requires the recorder of each county, upon payment of proper fees and taxes, to accept for recordation any instrument, paper, or notice that is authorized or required by law to be recorded. Existing lawbegin insert furtherend insert requiresbegin delete those documents to comply with specified standards respecting margins, quality of paper, print size and color, and other related matters.end deletebegin insert the recorder, when any instrument authorized by law to be recorded is deposited in the recorder’s office for record, to endorse upon the instrument in the order in which it is deposited, the year, month, day, hour, and minute of its reception, and the
amount of fees for recording.end insert
This bill wouldbegin insert additionallyend insert requirebegin delete any instrument, paper, or notice presented for recordation to stateend deletebegin insert the recorder to endorse upon the instrumentend insert the number of pagesbegin delete to be recorded. This bill would authorize the number of pages to be recorded to be stated on a cover page or a sticker, as specified, and would require the county recorder to verify that the number of pages to be recorded stated on the cover page or sticker match the number of pages presented for
recordation.end deletebegin insert of the instrument.end insert
By imposing new duties upon the county recorder, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 27361.6 of the Government Code is
2amended to read:
(a) Except as otherwise provided by law or regulation,
4all documents submitted for recording shall have at least a 1⁄2-inch
5margin on the two vertical sides, except in the space reserved for
6recording information. At least the top 21⁄2 inches of the first page
7or sheet shall be reserved for recording information. The left-hand
831⁄2
inches of the space shall be used by the public to show the
9name of the person requesting recording and the name and address
10
to which the document is to be returned following recording. In
11the event the first page or sheet of a document does not comply
12with these requirements, a separate page shall be attached by the
13party requesting recording to the front of the document that meets
14these criteria and that reflects the title or titles of the document as
15required by Section 27324. Any printed form accepted for
16recordation that does not comply with this subdivision shall not
17affect the notice otherwise imparted by recording.
18(b) All instruments, papers, or notices presented for recordation
19shall be on a quality of paper and contain print of a size and color
20
that will reproduce legibly by microphotographic or imaging
21processes as set forth in Sections 26205.5 and 27322.2.
22(c) Any instrument, paper, or notice presented for recordation
23that in any way modifies, releases, or cancels the provisions of a
24previously recorded document shall state the recorder identification
P3 1number or book and page of the document number being modified,
2released, or canceled.
3(d) (1) Any instrument, paper, or notice presented for
4recordation shall state the number of pages to be recorded.
5(2) (A) The number of pages to be recorded may be stated on
6a cover page or a sticker on the first page of the instrument, paper,
7or notice.
8(B) The county recorder shall verify that the number of pages
9to be recorded stated on the cover page or sticker match the number
10of pages presented for recordation.
begin insertSection 27320 of the end insertbegin insertGovernment Codeend insertbegin insert is
12amended to read:end insert
When any instrument authorized by law to be recorded
14is deposited in the recorder’s office for record, the recorder shall
15endorse upon it in the order in which it is deposited, the year,
16month, day, hour, and minute of its reception,begin insert its number of pages,end insert
17 and the amount of fees for recording. The recorder shall record it
18without delay, together with thebegin delete acknowledgements,end delete
19begin insert acknowledgments,end insert proofs, certificates, and prior recording data
20written upon or annexed to it, with the plats, surveys, schedules,
21and other
papers thereto annexed, and shall note on the record its
22identification number, and the name of the person at whose request
23it is recorded. Efforts shall be made to assign identification
24numbers sequentially, but an assignment of a nonsequential number
25may be made if not in violation of express recording instructions
26regarding a group of concurrently recorded instruments and if, in
27the discretion of the county recorder, such assignment best serves
28the interest of expeditious recording.
No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
31a local agency or school district has the authority to levy service
32charges, fees, or assessments sufficient to pay for the program or
33level of service mandated by this act, within the meaning of Section
3417556 of the Government Code.
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