BILL NUMBER: AB 1642 AMENDED
BILL TEXT
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, as amended, 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
of adopted within that county to be
recorded. By imposing additional duties on a local official,
this bill would constitute 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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
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.
State of
___________________,
County of _________________,
ss.
On this _____ day of ________, in the year
_____, before me (here insert name and quality of
officer), personally appeared ______________,
personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person
whose name is subscribed to this instrument, and
acknowledged that he (she or they) executed it.
Signed: Official Seal:
Office:
SECTION 1. 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 , local ordinance of
that county , 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, local ordinance of thatcounty, or
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.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.