BILL NUMBER: AB 1642	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 28, 2012
	PASSED THE ASSEMBLY  APRIL 23, 2012
	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, 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
adopted within that county to be recorded.
   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.


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.


  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, 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, 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.