AB 1974, as amended, 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 exempted, as specified, presented solely to correct a rerecording sequence, or presented solely to make a minor correction, as defined, with a corrective affidavit. The bill would require the corrective affidavit to satisfy certain requirements, including a requirement that the corrective affidavit be certified under penalty of perjury. The bill would require each rerecorded instrument, paper, or notice to include a cover sheet and to state the reason for rerecording.
By imposing new duties upon local county officials with respect to the recordation of documents and by expanding the crime of perjury, 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.
end deleteThis bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
end deleteWith regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
end deleteThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for specified reasons.
end insertVote: 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.
P3 1“Photographically reproducible,” for purposes of this division,
2means all instruments, papers, or notices that comply with
3standards as recommended by the American National Standards
4Institute or the Association for Information and Image Management
5for recording of records.
6(b) (1) Each instrument, paper, or notice shall contain an
7original signature or signatures, except as otherwise provided by
8law, or be a certified copy of the original.
9(2) A facsimile signature shall be accepted on a lien recorded
10by a governmental agency when that facsimile signature has been
11officially adopted by that
agency. The lien shall have noted on its
12face a statement to that effect. The officially adopted facsimile
13signature shall be provided to the county recorder by a letter from
14the agency. A facsimile signature shall continue to be valid until
15the agency notifies the county recorder that the facsimile signature
16has been revoked.
17(c) (1) Each instrument, paper, or notice that is rerecorded shall
18be executed and acknowledged or verified as a new document, in
19addition to any previous execution and acknowledgment or
20verification, unless any of the following apply:
21(A) Otherwise exempted by Section 27287 or any other law.
22(B) Presented solely to correct a recording sequence.
23(C) (i) Presented solely to make a minor correction with a
24corrective affidavit. The corrective affidavit shall satisfy all of the
25following:
26(I) Be attached to the original recorded instrument, paper, or
27notice.
28(II) Set out the information corrected.
29(III) Be certified by the party submitting the affidavit under
30penalty of perjury.
31(IV) Be acknowledged pursuant to Section 27287.
32(ii) For purposes of this subparagraph, “minor correction”
33includes any of the following:
34(I) An incorrect or missing name of the party requesting
35recording pursuant to Section 27361.6.
36(II) An incorrect or missing name and address of the party to
37which the instrument, paper, or notice is to be returned following
38recording pursuant to Section 27361.6.
39(III) A clarification of illegible text pursuant to Section 27361.7.
P4 1(IV) An incorrect or missing printed or typed name of an
2individual or entity near the signature pursuant to Section 27280.5.
3(V) An incorrect or missing documentary transfer tax amount
4due pursuant to Section 11932 of the Revenue and Taxation Code.
5(2) Each rerecorded
instrument, paper, or notice shall include
6a cover sheet that complies with Section 27361.6 and shall state
7the reason for rerecording on the cover sheet.
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
13any 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
P5 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
comply with subdivision
5(c) of Section 27201.
No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution for certain
8costs that may be incurred by a local agency or school district
9because, in that regard, this act creates a new crime or infraction,
10eliminates a crime or infraction, or changes the penalty for a crime
11or infraction, within the meaning of Section 17556 of the
12Government Code, or changes the definition of a crime within the
13meaning of Section 6 of Article XIII B of the California
14Constitution.
15However, if the Commission on State Mandates determines that
16this act contains other costs mandated by the state, reimbursement
17to local agencies and school districts for those costs shall be made
18pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.
No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22a local agency or school district has the authority to levy service
23charges, fees, or assessments sufficient to pay for the program or
24level of service mandated by this act or because costs that may be
25incurred by a local agency or school district will be incurred
26because this act creates a new crime or infraction, eliminates a
27crime or infraction, or changes the penalty for a crime or
28infraction, within the meaning of Section 17556 of the Government
29
Code, or changes the definition of a crime within the meaning of
30Section 6 of Article XIII B of the California Constitution.
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