AB 1974, as introduced, Gallagher. County recorder: recordation of documents.
Existing law requires the county recorder, upon payment of proper fees and taxes, to record any instrument, paper, or notice that is authorized or required to be recorded, provided that the instrument, paper, or notice meets certain standards. Existing law also requires all documents authorized by law to be recorded in the official records of a county to contain specified information.
This bill would require the documents described above that are rerecorded to be executed and acknowledged or verified as new documents, unless otherwise provided, and to contain a notation on the face specifying the reason for the rerecording.
By imposing new duties upon local county officials with respect to the recordation of documents, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 27201 of the Government Code is
2amended to read:
(a) The recorder shall, upon payment of proper fees
4and taxes, accept for recordation any instrument, paper, or notice
5that is authorized or required by statute, or court order to be
6recorded, or authorized or required to be recorded by a local
7ordinance that relates to the recordation of any instrument, paper,
8or notice that relates to real property, if the instrument, paper, or
9notice contains sufficient information to be indexed as provided
10by statute, meets recording requirements of state statutes and local
11ordinances, and is photographically reproducible. The county
12recorder shall not refuse to record any instrument, paper, or notice
13that is authorized or required by statute, court order, or local
14ordinance that relates to the recordation of any instrument, paper,
15or notice that relates to real property to be recorded on the
basis
16of its lack of legal sufficiency.
17“Photographically reproducible,” for purposes of this division,
18means all instruments, papers, or notices that comply with
19standards as recommended by the American National Standards
20Institute or the Association for Information and Image Management
21for recording of records.
22(b) (1) Each instrument, paper, or notice shall contain an
23original signature or signatures, except as otherwise provided by
24law, or be a certified copy of the original.
25(2) A facsimile signature shall be accepted on a lien recorded
26by a governmental agency when that facsimile signature has been
27officially adopted by that agency. The lien shall have noted on its
28face a statement to that effect. The officially adopted facsimile
29signature shall be provided to the county recorder by a letter from
30the agency. A
facsimile signature shall continue to be valid until
31the agency notifies the county recorder that the facsimile signature
32has been revoked.
P3 1(c) Each instrument, paper, or notice that is rerecorded shall
2be executed and acknowledged or verified as a new document, in
3addition to any previous acknowledgment or verification, unless
4otherwise exempted by Section 27287 or any other law, or if being
5presented solely to correct a recording sequence. The instrument,
6paper, or notice shall contain a notation on its face specifying the
7reason for the rerecording.
Section 27288.1 of the Government Code is amended
9to read:
All documents described in this section now or
11hereafter authorized by law to be recorded in the official records
12of a county shall contain the following information in addition to
13 any information as may be required by law pertaining to the
14particular document:
15(a) If the document effects or evidences a transfer or
16encumbrance of an interest in real property, the name or names in
17which the interest appears of record, except that a notice of
18assessment recorded pursuant to Section 3114 of the Streets and
19Highways Code, a notice of special tax lien recorded pursuant to
20Section 3114.5 of the Streets and Highways Code, and a notice of
21award of contract recorded pursuant to Section 5248 of the Streets
22and Highways Code, shall show the name or names
of the assessed
23owners as they appear on the latest secured assessment roll.
24(b) If the document releases or terminates any interest, right or
25encumbrance, it shall contain or have appended thereto all of the
26names of those persons and entities owning the title or interest
27being relieved by the document, or the names of the owners of that
28title or interest as they appeared at the time and in the document
29creating the interest, right or encumbrance.
30(c) In cases where the county tax collector is filing purchaser’s
31deeds with respect to a sale for defaulted taxes, those documents
32shall be deemed to constitute compliance with this section.
33No document subject to this section shall be recorded or indexed
34in the official records of a county unless it contains the information
35required by this section as well as any additional information
36
required by law pertaining to the particular document, but the
37recorder may rely upon the information contained in, or appended
38to, the document being offered for record. The failure of any
39document to include all of the names required by this section shall
40not affect the constructive notice which would otherwise be
P4 1afforded by the recording of the document. This section shall not
2apply to a vacation or abandonment by a public agency of a public
3highway or road.
4(d) If a document is rerecorded, it shall be executed or
5acknowledged or verified as a new document, in addition to any
6previous acknowledgment or verification, unless otherwise
7exempted by Section 27287 or any other law, or if being presented
8solely to correct a recording sequence. The document shall contain
9a notation on its face specifying the reason for the rerecording.
If the Commission on State Mandates determines that
11this act contains costs mandated by the state, reimbursement to
12local agencies and school districts for those costs shall be made
13pursuant to Part 7 (commencing with Section 17500) of Division
144 of Title 2 of the Government Code.
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