BILL NUMBER: SB 878	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2010

INTRODUCED BY   Senator Liu

                        JANUARY 12, 2010

   An act to amend Sections 27297.6 and 27387.1 of the Government
Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 878, as amended, Liu. Local government: Los Angeles County:
notice of recordation.
   (1) Existing law authorizes the Los Angeles County Recorder,
following the adoption of an authorizing resolution by the Los
Angeles County Board of Supervisors, to mail a notice of recordation
to the party or parties executing a deed, quitclaim deed, or deed of
trust within 30 days of the recording of one of those documents.
   This bill would modify that authorization to also include notice
of recordation, provided  by  by mail  or
other means  by the recorder or a designee of the board,
 within 30 days of the recording of a deed, quitclaim deed,
deed of trust, notice of default, or notice of sale to the party or
parties executing, or subject to, one of those documents, and to
occupants of the subject real property, if any   to a
party or parties executing a deed, quitclaim deed, or deed of trust,
within 30 days of recordation, or to a party or parties subject to a
notice of default or notice of sale of a property, including the
occupants of that property, within 20 days of recordation  .
   (2) Existing law also authorizes the Los Angeles County Recorder
to collect a fee for mailing notice of recordation from any party
filing a deed, quitclaim deed, or deed of trust, unless that party is
a government entity. Existing law prohibits this fee from exceeding
the cost of mailing the notice of recordation or $7.
   This bill would additionally authorize the recorder to collect a
fee for notice of recordation from any party other than a government
entity that files a notice of default or notice of sale.  The
bill would also authorize the recorder to use a portion of the
collected fee to pay the actual cost, if any, of providing
information, counseling, and assistance t   o a person who
receives the notice. 
   (3) This bill would make legislative findings and declarations as
to the necessity of a special statute for the County of Los Angeles.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 27297.6 of the Government Code is amended to
read:
   27297.6.  (a)  (1)    Following adoption of an
authorizing resolution by the Los Angeles County Board of
Supervisors, the Los Angeles County Recorder, or a designee or
designees authorized by the  board of supervisors, may,
within 30 days of recordation of a deed, quitclaim deed, deed of
trust, notice of default, or notice of sale, notify by mail, or by
other means, the party or parties executing, or subject to, the
document, and the occupants of the real property described in the
legal description, if any. The recorder may require,  
board of supervisors, may notify the following by mail:  
   (A) The party or parties executing a deed, quitclaim deed, or deed
of trust, within 30 days of recordation.  
   (B) The party or parties subject to a notice of default or notice
of sale, including the occupants of that property, within 20 days of
recordation. 
    (2)     The recorder may require,  as
a condition of recording, that a deed, quitclaim deed, deed of trust,
notice of default, or notice of sale indicate the assessor's
identification number or numbers that fully contain all, or a portion
of, the real property described in the legal description. If the
description contains more than one assessor's parcel, all assessor's
parcels shall be indicated. The form of the entry shall be
substantially as follows:
Assessor's Identification Number __-__-__.

   (b) This section shall not apply to the recordation of any
document where the federal government, or state, county, city, or any
subdivision of the state acquires title.
   (c) The failure of the county recorder to provide the notice as
permitted by this section shall not result in any liability against
the recorder or the county. In the event that the notice is returned
to the recorder by the postal service as undeliverable, the recorder
is not required to retain the returned notice.
   (d) Where the county recorder contracts with any party or parties
for the performance of the processing or the mailing of the notice,
or both, as authorized by this section, the contract shall be awarded
by competitive bid. The county recorder shall solicit written bids
for the contract in a newspaper of general circulation in the county,
and all bids received shall be publicly opened and the contract
awarded to the lowest responsible bidder. If the county recorder or
his or her designee deems the acceptance of the lowest responsible
bid is not in the best interest of the county, all bids may be
rejected.
  SEC. 2.  Section 27387.1 of the Government Code is amended to read:

   27387.1.  In addition to any other recording fee, the recorder may
collect a fee from the party filing a deed, quitclaim deed, deed of
trust, notice of default, or notice of sale, unless that party is a
government entity. The fee shall not exceed the mailing cost of the
notice specified in Section 27297.6  and the actual cost, if any,
to provide information, counseling, or assistance to a person who
receives the notice  , not to exceed seven dollars ($7).
  SEC. 3.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because the County of Los Angeles is experiencing a foreclosure and
real estate fraud crisis, as discussed in the county's "Report and
Recommendations to Address Foreclosures and Real Estate Fraud" issued
March 17, 2009, that necessitates additional authority for the
county to provide notice of the recording of certain
foreclosure-related real property transactions to interested parties.