Exhibit_B_-_RMS_Government_Code_27201.pdf

GOVERNMENT CODE - GOV

TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205]

( Title 3 added by Stats. 1947, Ch. 424. )

DIVISION 2. OFFICERS [24000 - 28085]

( Division 2 added by Stats. 1947, Ch. 424. )

PART 3. OTHER OFFICERS [26500 - 27773]

( Part 3 added by Stats. 1947, Ch. 424. )

CHAPTER 6. Recorder [27201 - 27399] ( Chapter 6 added by Stats. 1947, Ch. 424. )

ARTICLE 1. Duties Generally [27201 - 27211] ( Article 1 added by Stats. 1947, Ch. 424. )

27201.

(a) (1) (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.

(B) “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.

(2) (A) A person of or related to the record may request that the recorder correct the information contained in an index of a record. The request shall identify the exact location of an error within a specifically identified index entry.

(B) If the person making the request provides sufficient evidence to the recorder to determine that there is an error in the index that needs to be corrected, the recorder shall correct that index entry within 30 business days of receiving the request.

(C) The corrected index entry shall be entered into the public index to reflect both the error and the correction. The recorder shall note that an index entry has been corrected in accordance with local policy.

(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.

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The lien shall have noted on its face a statement to that effect. The officially adopted facsimile signature shall be provided to the county recorder by a letter from the agency. A facsimile signature shall continue to be valid until the agency notifies the county recorder that the facsimile signature has been revoked.

(c) (1) Each instrument, paper, or notice that is rerecorded shall be executed and acknowledged or verified as a new document, in addition to any previous execution and acknowledgment or verification, unless any of the following apply:

(A) The instrument, paper, or notice is otherwise exempted by Section 27287 or any other law.

(B) The instrument, paper, or notice is presented solely to correct a recording sequence. The intent of the parties with regard to the priority of recorded documents shall be controlling regardless of the sequence of recording by a county recorder or the sequence of recording specified in instructions given by a submitter to a county recorder. This subparagraph is declaratory of existing law, and any rerecording of documents to change the sequential numbers assigned to a document by the recorder shall not require the document to be executed and acknowledged or verified as a new document.

(C) (i) The instrument, paper, or notice is presented solely to make a minor correction with a corrective affidavit. The corrective affidavit shall satisfy all of the following:

(I) Be attached to the original recorded instrument, paper, or notice.

(II) Set out the information corrected.

(III) Be certified by the party submitting the affidavit under penalty of perjury.

(IV) Be acknowledged pursuant to Section 27287.

(ii) For purposes of this subparagraph, “minor correction” includes any of the following:

(I) An incorrect or missing address of the party to which the instrument, paper, or notice is to be returned following recording pursuant to Section 27361.6.

(II) A clarification of illegible text pursuant to Section 27361.7.

(III) An incorrect or missing printed or typed name of an individual or entity near the signature pursuant to Section 27280.5.

(IV) An incorrect or missing documentary transfer tax amount due pursuant to Section 11932 of the Revenue and Taxation Code.

(2) Each rerecorded instrument, paper, or notice shall include a cover sheet that complies with Section 27361.6 and shall state the reason for rerecording on the cover sheet.

(Amended by Stats. 2017, Ch. 349, Sec. 1. (AB 794) Effective January 1, 2018.)

27201.1.

(a) (1) A disinterested custodian of an electronic record may certify that a tangible copy is a complete and accurate reproduction of the electronic record. The certification shall be subscribed and sworn to, or affirmed, by the disinterested custodian before a notary public and accompanied by a jurat attached thereto pursuant to Section 8202. The certification shall be in substantially the following form:

Certification of a Printed Copy of an Electronic Record I hereby certify that the attached instrument entitled document title, if applicable, dated document date, and containing page count pages is an accurate reproduction of an electronic record printed by me or under my supervision. At the time of printing, I had access to the electronic record displaying intact tamper-evident security procedures. No security procedures used on the electronic record indicated any changes or errors in an electronic signature or other information in the electronic record after the completion of the electronic record’s creation, execution, or notarization.

I am not a grantee, beneficiary, or otherwise a person who directly benefits from the attached instrument or electronic record.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraphs are true and correct.

Dated: ______ Name: ______ Signature: ______

(2) A certification made by a disinterested custodian pursuant to this subdivision is separate and distinct from a certified copy issued by a recorder for purposes of Sections 1530 and 1531 of the Evidence Code. The disinterested custodian shall so identify the certification according to the form required by paragraph (1).

(b) The recorder shall accept for recording a tangible copy of an electronic record bearing electronic signatures and containing a certificate in the form required by subdivision (a) as a certified copy of an original pursuant to subdivision (b) of Section 27201 provided that the electronic record is otherwise an instrument or notice that is authorized or required to be recorded and the tangible copy satisfies the requirements of subparagraph (A) of paragraph (1) of subdivision (a) of Section 27201.

(c) A tangible copy of an electronic record, once copied into the proper book of record, kept in the office of any county recorder, imparts notice of its contents to subsequent purchasers and encumbrancers, notwithstanding any failure of the person making the certification to qualify as a disinterested custodian.

(d) For purposes of this section, “electronic record,” “electronic signature,” and “security procedure” have the same meaning as in Section 1633.2 of the Civil Code, javascript:submitCodesValues('27201.1.','4.2.3.9.1','2024','691','2',%20'id_6d1b5032-b8c1-11ef-87f5-6bbf55a2195e') and “disinterested custodian” means a person who has access to an electronic record displaying intact tamper-evident security procedures and who is not the grantee, beneficiary, or otherwise a person who directly benefits from the electronic record.

(Added by Stats. 2024, Ch. 691, Sec. 2. (AB 2004) Effective January 1, 2025.)

27201.5.

(a) A notary acknowledgment shall be deemed complete for recording purposes without a photographically reproducible official seal of the notary public if the seal, as described in Section 8207, is present and legible, and the name of the notary, the county of the notary’s principal place of business, the notary’s telephone number, the notary’s registration number, and the notary’s commission expiration date are typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notary’s signature in the acknowledgment.

(b) If a request for a certified copy of a birth or death record is received by mail, a notarized statement sworn under penalty of perjury shall accompany the request, stating that the requester is an authorized person, as defined by law.

(Added by Stats. 2004, Ch. 6, Sec. 2. Effective January 22, 2004.)

27202.

Upon the request of any officer of the United States, the county recorder shall record instruments to which the United States is a party without payment of the recording fee in advance and shall execute the proper government voucher for payment. Upon payment, the fee shall be transmitted to the Treasurer with the recorder’s first settlement after the collection.

(Amended by Stats. 2015, Ch. 269, Sec. 2. (SB 184) Effective January 1, 2016.)

27203.

Any recorder to whom an instrument proved or acknowledged according to law or any paper or notice which may by law be recorded is delivered for record is liable to the party aggrieved for the amount of the damages occasioned thereby, if he or she commits any of the following acts:

(a) Neglects or refuses to record the instrument, paper, or notice within a reasonable time after receiving it.

(1) This subdivision shall not apply to an instrument, paper, or notice that the recorder has determined to be an unrecordable document pursuant to this chapter. Nothing in this subdivision shall preclude the application of Section 27201.

(2) The recorder may provide, to any person presenting a document the recorder determines to be an unrecordable document, a form stating that the person has the right to judicial review in a court of competent jurisdiction of the recorder’s refusal to record the document. The form shall include a section stating the javascript:submitCodesValues('27201.5.','4.2.3.9.1','2004','6','2',%20'id_b2506bb2-291f-11d9-878a-d40868cd9c22') javascript:submitCodesValues('27202.','4.2.3.9.1','2015','269','2',%20'id_b9d1f51f-9f9b-11e5-bacb-c9b7c1eb246b') javascript:submitCodesValues('27203.','4.2.3.9.1','2017','349','2',%20'id_d23ec4cd-e52c-11e7-99d3-2f570f4f10eb') recorder’s reason for refusing the document. The form shall provide notice that it is a public offense to further attempt to record the document without an order of the court as provided by Section 27204. The recorder shall keep a correct copy of the refused document. In the event the document is determined by the court to be a recordable document, the recorder shall pay the filing fees for the review, and shall record the document within a reasonable time.

(b) Records any instrument, paper, or notice, willfully or negligently, untruly, or in any manner other than that prescribed by this chapter.

(c) Neglects or refuses to keep in his or her office the indices required by this chapter.

(d) Alters, changes, obliterates, or inserts any new matter in any records deposited in the recorder’s office, unless the recorder is correcting an indexing error. The recorder may make marginal notations on records as part of the recording process.

(e) Refuses to make the proper entries in the indices required by this chapter.

(f) Neglects to make the proper entries in the indices required by this chapter.

Nothing in this subdivision prohibits a recorder from correcting an indexing error.

(g) Fails to correct an indexing error pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 27201.

(Amended by Stats. 2017, Ch. 349, Sec. 2. (AB 794) Effective January 1, 2018.)

27203.5.

If the recorder willfully and maliciously commits any of the acts described in Section 27203 or derives a personal financial benefit from committing any of those acts, the recorder is liable to the party aggrieved for three times the amount of damages occasioned thereby.

(Amended by Stats. 2015, Ch. 269, Sec. 4. (SB 184) Effective January 1, 2016.)

27204.

Any person who receives a form from the recorder pursuant to subdivision (a) of Section 27203, stating that the proffered document is unrecordable, and who subsequently attempts to record the document without an order from the court requiring recordation of that document, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, or of an infraction punishable pursuant to Section 19.8 of the Penal Code.

(Added by Stats. 1997, Ch. 448, Sec. 2. Effective January 1, 1998.)

27205.

After two years from the date of filing in the recorder’s office of notice of completion of any building or improvement, the contract, plans, specifications and bond under which the work or improvement was performed may be returned by the recorder to the person filing them, unless the recorder has been notified in writing javascript:submitCodesValues('27203.5.','4.2.3.9.1','2015','269','4',%20'id_c6c84953-9f9b-11e5-bacb-c9b7c1eb246b') javascript:submitCodesValues('27204.','4.2.3.9.1','1997','448','2',%20'id_b251f25a-291f-11d9-878a-d40868cd9c22') javascript:submitCodesValues('27205.','4.2.3.9.1','1957','1007','',%20'id_b251f25c-291f-11d9-878a-d40868cd9c22') to retain them by someone claiming some interest under the contract or in the property affected. After five years from the date of filing in the recorder’s office of any contract, plans, and specifications of any building or improvement, the recorder may destroy the contract, plans, specifications, and bond relating thereto if they have not been delivered as provided in this section, unless he has been notified in writing to retain them by someone claiming some interest under the contract or in the property affected.

(Amended by Stats. 1957, Ch. 1007.)

27206.

The county recorder may destroy federal tax liens together with any release of said liens eight years after the lien was filed in his office; provided, a microfilm copy of each unreleased tax lien has been made and certified in the manner provided for in Section 1551 of the Evidence Code. All film used in the microphotography process shall comply with the minimum standards of quality approved by the United States Bureau of Standards. The original copy of the microfilm shall be kept in a safe and separate place for security purposes.

(Amended by Stats. 1969, Ch. 371.)

27207.

At the request of the county recorder, the board of supervisors of any county may authorize the destruction of any or all of the filed papers or records books created under the Land Title Law (an initiative measure adopted by the electors November 3, 1914, and repealed effective May 1, 1955) after compliance with all the conditions in paragraphs (a), (b), (c), and (d) of Section 26205.5 of the Government Code.

(Added by Stats. 1967, Ch. 58.)

27208.

If a paper or document has been microfilmed, the county recorder may destroy or otherwise dispose of any paper or document filed with or submitted to him or her more than one year previously, unless another provision of law requires a longer retention period or unless the recorder determines that there is a need for its retention. In determining where there is a need for retaining a paper or document, consideration shall be given to factors, including, but not limited to, future public need, the effect of statutes of limitation, and historical significance.

(Added by Stats. 1986, Ch. 982, Sec. 11.)

27210.

The county recorder may use a printed, stamped, photographically reproduced facsimile, electronic, or otherwise digitally created signature in certifying to a record javascript:submitCodesValues('27206.','4.2.3.9.1','1969','371','',%20'id_b251f25e-291f-11d9-878a-d40868cd9c22') javascript:submitCodesValues('27207.','4.2.3.9.1','1967','58','',%20'id_b2537900-291f-11d9-878a-d40868cd9c22') javascript:submitCodesValues('27208.','4.2.3.9.1','1986','982','11',%20'id_b2537902-291f-11d9-878a-d40868cd9c22') javascript:submitCodesValues('27210.','4.2.3.9.1','2023','187','3',%20'id_93503419-8562-11ee-bcfe-9f16e66157a6') in the recorder’s office provided that the certification has the seal of the recorder’s office affixed thereto.

(Amended by Stats. 2023, Ch. 187, Sec. 3. (SB 882) Effective January 1, 2024.)

27211.

(a) The recorder shall keep an official seal of the recorder’s office that shall, when embossed, stamped, impressed, or affixed to a certification, show legibly. The seal may be applied manually, mechanically, electronically, or by other digital means.

The seal shall:

(1) Be circular in shape;

(2) Be not less than 11/4 inches and not more than 2 inches in diameter;

(3) Have in the center any words or design adopted by the recorder;

(4) Have inscribed around the central words or design, “Recorder, ____ County, California,” inserting therein the name of the county.

(b) This section does not prohibit a recorder from continuing to use a seal of a design different than that specified in subdivision (a) if that seal has customarily been used.

(Amended by Stats. 2023, Ch. 187, Sec. 4. (SB 882) Effective January 1, 2024.)

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( Title 3 added by Stats. 1947, Ch. 424. )

DIVISION 2. OFFICERS [24000 - 28085]

( Division 2 added by Stats. 1947, Ch. 424. )

PART 3. OTHER OFFICERS [26500 - 27773]

( Part 3 added by Stats. 1947, Ch. 424. )

ARTICLE 2. Books [27230 - 27265] ( Article 2 added by Stats. 1947, Ch. 424. )

27230.

The recorder shall procure any books for records as the business of the recorder’s office requires, but orders for the books shall first be obtained from the board of supervisors. The books used may contain printed forms of deeds, mortgages, or other instruments, papers, or notices of general use.

(Amended by Stats. 2018, Ch. 467, Sec. 4. (SB 1498) Effective January 1, 2019.)

27231.

The recorder has the custody of, and shall keep all books, records, maps, and papers deposited in the recorder’s office.

(Amended by Stats. 2015, Ch. 269, Sec. 8. (SB 184) Effective January 1, 2016.)

27232.

The recorder shall keep an index of deeds, grants, and transfers, labeled “Grantors,” each page divided into three columns, headed respectively: “Names of grantors,” “Names of grantees,” and “Where recorded.”

(Added by Stats. 1947, Ch. 424.)

27233.

The recorder shall keep an index of deeds, labeled “Grantees,” each page divided into three columns, headed respectively: “Names of grantees,” “Names of grantors,” and “Where recorded.”

(Added by Stats. 1947, Ch. 424.)

27234.

The recorder shall keep two indices of mortgages, labeled respectively: “Mortgagors of real property” and “Mortgagors of personal property,” with the pages thereof divided into three columns, headed respectively: “Names of mortgagors,” “Names of mortgagees,” and “Where recorded.”

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(Added by Stats. 1947, Ch. 424.)

27235.

The recorder shall keep two indices of mortgages, labeled respectively:

“Mortgagees of real property” and “Mortgagees of personal property,” with the pages thereof divided into three columns, headed respectively: “Names of mortgagees,” “Names of mortgagors,” and “Where recorded.”

(Added by Stats. 1947, Ch. 424.)

27236.

The recorder shall keep two indices of releases of mortgages, labeled respectively:

“Releases of mortgages of real property—mortgagors” and “Releases of mortgages of personal property—mortgagors,” with pages thereof divided into four columns, headed respectively: “Parties releasing,” “To whom releases are given,” “Where releases are recorded,” and “Where mortgages released are recorded.”

(Added by Stats. 1947, Ch. 424.)

27237.

The recorder shall keep two indices of releases of mortgages, labeled respectively:

“Releases of mortgages of real property—mortgagees” and “Releases of mortgages of personal property—mortgagees,” with pages thereof divided into three columns, headed respectively: “Parties whose mortgages are released,” “Parties releasing,” and “Where recorded.”

(Added by Stats. 1947, Ch. 424.)

27238.

The recorder shall keep an index of powers of attorney, labeled: “Powers of attorney,” each page divided into four columns, headed respectively: “Names of parties executing the powers,” “To whom powers are executed,” “Date of recording,” and “Where powers are recorded.”

(Added by Stats. 1947, Ch. 424.)

27239.

The recorder shall keep an index of leases, labeled: “Leases—lessors,” each page divided into three columns, headed respectively: “Names of lessors,” “Names of lessees,” and “When and where recorded.”

(Added by Stats. 1947, Ch. 424.)

27240.

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The recorder shall keep an index of leases, labeled: “Leases—lessees,” each page divided into three columns, headed respectively: “Names of lessees,” “Names of lessors,” and “When and where recorded.”

(Added by Stats. 1947, Ch. 424.)

27243.

The recorder shall keep an index of assignments of mortgages and leases, labeled:

“Assignments of mortgages and leases—assignors,” each page divided into four columns, headed respectively: “Assignors,” “Assignees,” “Instruments assigned,” and “When and where recorded.”

(Added by Stats. 1947, Ch. 424.)

27244.

The recorder shall keep an index of assignments of mortgages and leases, labeled:

“Assignments of mortgages and leases—assignees,” each page divided into four columns, headed respectively: “Assignees,” “Assignors,” “Instruments assigned,” and “When and where recorded.”

(Added by Stats. 1947, Ch. 424.)

27246.

The recorder shall keep an index of official bonds, labeled: “Official bonds,” each page divided into four columns, headed respectively: “Names of officers,” “Names of offices,” “Amount of bonds,” and “When and where recorded.”

(Added by Stats. 1947, Ch. 424.)

27247.

The recorder shall keep an index of notices of mechanics’ liens, labeled: “Mechanics’ liens,” each page divided into three columns, headed respectively: “Parties against whom claimed,” “Parties claiming liens,” and “Notices—When and where recorded.”

(Added by Stats. 1947, Ch. 424.)

27248.

(a) The recorder shall keep an index to abstracts of judgments, labeled: “Abstracts of judgments,” each page divided into six columns, headed respectively: “Judgment debtors,” “Judgment creditors,” “Amount of judgments,” “Where recovered,” “Date entered or renewed,” and “When abstract filed.”

(b) The recorder shall include in the index referred to in subdivision (a), or shall keep a comparable separate index to, all of the following:

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(1) Certified copies of judgments payable in installments recorded under Section

697.320 or 697.330 of the Code of Civil Procedure.

(2) Acknowledgments of satisfaction of judgment, court clerk’s certificates of satisfaction of judgment, acknowledgments of satisfaction of matured installments under an installment judgment, and releases and subordinations of judgment liens, recorded under Section 697.400 of the Code of Civil Procedure.

(Amended by Stats. 1982, Ch. 497, Sec. 115. Operative July 1, 1983, by Sec. 185 of Ch. 497.)

27249.

The recorder shall keep an index of attachments, labeled: “Attachments,” each page divided into five columns, headed respectively: “Parties against whom attachments are levied (Defendants),” “Parties on whose behalf attachments are levied (Plaintiffs),” “Notices of attachments,” “When recorded,” and “Where recorded.”

(Amended by Stats. 1982, Ch. 497, Sec. 116. Operative July 1, 1983, by Sec. 185 of Ch. 497.)

27250.

The recorder shall keep an index of notices of the pendency of actions, labeled:

“Notices of actions,” each page divided into three columns, headed respectively:

“Parties to the action,” “Notices—when recorded,” and “Where recorded.”

(Added by Stats. 1947, Ch. 424.)

27252.

The recorder shall keep an index to the certificates of births, deaths and marriages.

(Amended by Stats. 1951, Ch. 95.)

27254.

The recorder shall keep an index of mining locations and of documents affecting them, labeled, “Mining locations,” divided into suitable columns showing the name of locator, date of locations, date of recording, and place where claim is located.

(Added by Stats. 1947, Ch. 424.)

27255.

(a) The county recorder in each county shall develop and maintain, within the existing indexing system, a comprehensive index of conservation easements and Notice of Conservation Easement on land within that county. The conservation easement index developed and maintained pursuant to this subdivision shall include all conservation easements recorded on and after January 1, 2002.

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(b) For the purposes of this section, “conservation easement” means any limitation in a recorded instrument that contains an easement, restriction, covenant, condition, or offer to dedicate, which is or has been executed by or on behalf of the owner of the land subject to that limitation and is binding upon successive owners of the land, and the purpose of which is to retain land predominantly in its natural, scenic, historical, agricultural, forested, or open-space condition. “Conservation easement” includes a conservation easement as defined in Section 815.1 of the Civil Code, an open-space easement as defined in Section 51075 of this code, and an agricultural conservation easement as defined in Section 10211 of the Public Resources Code.

(c) On and after January 1, 2002, when a county recorder records a new conservation easement affecting property within the county, he or she shall include the easement in the index developed and maintained pursuant to subdivision (a), if the document containing the easement is entitled “Conservation Easement,” or the following document is properly filled out by the submitter, and recorded at the same time, or at a later date:

Recording Requested by and When Recorded Return to:

NOTICE OF CONSERVATION EASEMENT

The undersigned hereby gives notice that a Conservation Easement was recorded in the County Recorder’s Office on and recorded as Document Number .

The grantors and grantees of the conservation easement were Grantors Grantees I declare under penalty of perjury that the above statement is true and correct.

Signed ___________________________ Dated ___________________________

THIS NOTICE IS FOR INDEXING PURPOSES ONLY AND DOES

NOT, BY ITSELF, CONSTITUTE A CONSERVATION EASEMENT

(d) In order to include conservation easements recorded prior to January 1, 2002, the comprehensive index of conservation easements and “Notice of Conservation Easement” developed and maintained pursuant to subdivision (a), any parties to conservation easements, including, but not limited to, the counties, cities, recreation and park districts or agencies, state conservancies, state agencies, the California Coastal Commission, land trusts, and nonprofit organizations may fill out and record a Notice of Conservation Easement pursuant to subdivision (c) for each previously recorded conservation easement, in the county in which the affected real property is located.

(e) Pursuant to Section 27361, the standard fee charged by the county recorder for recording the conservation easement document shall include funds to cover the costs associated with indexing the document.

(f) It is the intent of the Legislature that nothing in this section shall be construed to require a county recorder to develop and maintain an index separate from the existing indexing system, and that the conservation easement index be established by using existing resources.

(Amended by Stats. 2006, Ch. 531, Sec. 2. Effective January 1, 2007.)

27256.

The recorder shall keep such other indices as are required in the performance of official duties.

(Amended by Stats. 2015, Ch. 269, Sec. 10. (SB 184) Effective January 1, 2016.)

27257.

Instead of those indices indicated in this division, the recorder may utilize either of the following systems of indexing:

(a) The recorder may keep two indices, labeled respectively: “General index of grantors” (names of grantors, defendants, and first parties, who would otherwise be indexed in any of the other indices specified in this article) and “General index of grantees” (names of grantees, plaintiffs, and second parties, who would otherwise be indexed in any of the other indices specified in this article). Each page of the general index of grantors shall be divided into seven columns, labeled respectively:

“Date filed,” “Grantors and defendants,” “Grantees and plaintiffs,” “Title,” “Document number,” “Book,” and “Page.” Each page of the general index of grantees shall be divided into seven columns, labeled respectively: “Date filed,” “Grantees and plaintiffs,” “Grantors and defendants,” “Title,” “Document number,” “Book,” and “Page”; or

(b) The recorder may combine the general index of grantors and the general index of grantees into a single index which shall alphabetically combine the grantors and grantees as defined in subdivision (a). Each page of the “General grantor-grantee index” shall be divided into seven columns, labeled respectively: “Date filed,” “Grantors-grantees,” “Grantees-grantors,” “Title,” “Document number,” “Book,” and “Page.” Where such a combined index is used, the names of the grantors shall be distinguished from the names of the grantees, as respectively defined in subdivision (a), by an easily recognizable mark or symbol.

(c) Indexing as enumerated in subdivisions (a) and (b) may be in lieu of indexing in any of the other indices, and shall impart notice in like manner and effect as the indexing would otherwise impart in the other indices provided for in this division. If the recorder keeps any other index, the recorder shall not be required to index those names in the general index as enumerated in subdivisions (a) and (b).

Nothing in this section shall prevent the recorder from indexing any names which also appear in any other of the recorder’s indices.

(d) Where the method of subdivision (a) or (b) is utilized, and in those counties where the recorder alphabetizes grantors’ and grantees’ names by mechanical methods, fewer columnar headings may be used in the indices, if adequate index reference to the location of each document in the permanent file, book, or film record is provided.

(e) The alphabetical subdivisions in each of the general indices shall be so arranged, as nearly as possible, that the entries to be made in the indices will be javascript:submitCodesValues('27256.','4.2.3.9.2','2015','269','10',%20'id_f1de413d-9f9b-11e5-bacb-c9b7c1eb246b') javascript:submitCodesValues('27257.','4.2.3.9.2','2015','269','11',%20'id_f85252ef-9f9b-11e5-bacb-c9b7c1eb246b') equally apportioned. The alphabetical subdivisions shall be sufficient in number to facilitate reference.

(f) The recorder may keep in the same volume any two or more of the indices enumerated in this article, and the several indices shall be kept distinct from each other and the volume distinctly marked on the outside so as to show all the indices kept in it, provided that nothing in this section shall prohibit the recorder from combining the general indices in one volume as enumerated in subdivision (b). The names of the parties in the first column in the several indices shall be arranged in alphabetical order.

(g) The recorder may combine the general grantor-grantee index in a computerized or electronic format. The names of the grantors shall be distinguished from the names of the grantees, as respectively defined in subdivision (a), by an easily recognizable mark or symbol.

(Amended by Stats. 2015, Ch. 269, Sec. 11. (SB 184) Effective January 1, 2016.)

27263.

When a conveyance is executed by a sheriff or marshal, the name of the sheriff or marshal and the party charged in the execution shall both be inserted in the index.

When an instrument, paper, or notice is recorded to which an executor, administrator, or trustee is a party, the name of the executor, administrator, or trustee and the name of the testator, or intestate, or party for whom the trust is held, shall be inserted in the index. The recorder need not index the name of the trustee in a deed of trust or in a partial or full deed of reconveyance. A trustee’s deed given upon exercise of the power of sale under any deed of trust shall be indexed under the names of the original trustor and the grantee named therein.

(Amended by Stats. 2018, Ch. 467, Sec. 5. (SB 1498) Effective January 1, 2019.)

27264.

The recorder shall provide a separate book called “Record of Patents” or official records in which shall be recorded all patents of land situate in the county, whether issued by the United States or the State, which are offered for record duly executed pursuant to law.

(Amended by Stats. 1949, Ch. 98.)

27265.

Where indexes are compiled by the use of key punch and printing machines, if temporary index sheets are provided for the use of the public before the permanent yearly indexes are compiled, county recorders may destroy said temporary index sheets when the permanent yearly indexes are completed from the same key punch cards as were used in making the temporary index sheets.

(Added by Stats. 1949, Ch. 126.)

GOVERNMENT CODE - GOV

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( Title 3 added by Stats. 1947, Ch. 424. )

DIVISION 2. OFFICERS [24000 - 28085]

( Division 2 added by Stats. 1947, Ch. 424. )

PART 3. OTHER OFFICERS [26500 - 27773]

( Part 3 added by Stats. 1947, Ch. 424. )

ARTICLE 3. Documents to be Recorded [27279 - 27297.7] ( Article 3 added by Stats. 1947, Ch. 424. )

27279.

(a) “Instrument,” as used in this chapter, means a written paper signed by a person or persons transferring the title to, or giving a lien on real property, or giving a right to a debt or duty.

(b) The recorder of any county may, in lieu of a written paper, accept for recording digitized images, digital images, or both, of a recordable instrument, paper, or notice if both of the following conditions are met:

(1) The image conforms to all other applicable statutes that prescribe recordability, except the requirement of original signatures in subdivision (b) of Section 27201.

(2) The requester and addressee for delivery of the recorded images are the same and can be readily identified as a local or state government entity, or an agency, branch, or instrumentality of the federal government.

(Amended by Stats. 2007, Ch. 277, Sec. 1. Effective January 1, 2008.)

27279.1.

(a) The recorders of San Bernardino County and Orange County may accept, in lieu of a written paper document, a digitized image of a recordable instrument if both of the following conditions are met:

(1) The requester and addressee for delivery of the recorded image meets the criteria set forth in either Section 27279.2 or 27279.3.

(2) The county recorder determines that accepting electronically recorded documents from the requester is in the best interest of the county and the public.

Factors the county recorder shall consider include, but are not limited to, both of the following:

(A) Whether or not the volume and quality of digitized instruments submitted by the requester will be sufficient to warrant electronic recordation.

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(B) Whether, in order to protect the county and the public, the requester has effective security precautions addressing potential fraud and forging of documents in the electronic recordation process.

(b) The Legislature finds and declares that, because of the unique circumstances applicable to the counties referenced in subdivision (a), as regards the present ability of these counties to process digitized images for electronic recordation, a statute of general applicability cannot be enacted within the meaning of subdivision

(b) of Section 16 of Article IV of the California Constitution.

(Repealed and added by Stats. 1998, Ch. 463, Sec. 3. Effective January 1, 1999.)

27279.2.

For purposes of Section 27279.1, the requester and addressee for delivery of a recorded image may record a digitized image of a recordable instrument if it is an entity, agency, branch, or instrumentality of the state or federal government qualifying under either Section 27279 of this code or Section 2106.5 of the Code of Civil Procedure.

(Added by Stats. 1998, Ch. 463, Sec. 4. Effective January 1, 1999.)

27279.3.

(a) A requester and addressee for delivery of a recorded image may record a digitized image of a recordable instrument if the requester meets the conditions set forth in paragraph (2) of subdivision (a) of Section 27279.1.

(b) This section shall become operative on January 1, 2000.

(Repealed (in Sec. 5) and added by Stats. 1998, Ch. 463, Sec. 6. Effective January 1, 1999. Section operative January 1, 2000, by its own provisions.)

27279.4.

(a) The California Attorney General shall appoint an Electronic Recordation Task Force consisting of voluntary representatives from governmental agencies and industry groups specified in subdivision (b) who shall meet on a regular basis to address the technical, legal, security and economic issues associated with electronic recordation. The task force shall make recommendations regarding all of the following:

(1) In addition to requesters qualifying under Section 27279.2, which persons and entities should be authorized to digitize and record documents electronically after January 1, 2000, in order to limit real property fraud, forgery, and consumer risks associated with electronic recordation and provide a cost benefit to the county.

(2) Guidelines for the standardization of both software and hardware used by counties to ensure maximum efficiency, cost-effectiveness, and maximum use of javascript:submitCodesValues('27279.2.','4.2.3.9.3','1998','463','4',%20'id_b265c7c7-291f-11d9-878a-d40868cd9c22') javascript:submitCodesValues('27279.3.','4.2.3.9.3','1998','463','6',%20'id_2e50f13f-3839-11dc-af8e-f25e7ba9fdb0') javascript:submitCodesValues('27279.4.','4.2.3.9.3','2001','745','101',%20'id_b265c7cb-291f-11d9-878a-d40868cd9c22') the electronic recordation process by requesters qualifying under Sections

27279.2 and 27279.3.

(3) Appropriate recording fees and other assessments to cover increased costs to both county recorders and requesters.

(b) The task force described in subdivision (a) shall consist of representatives from governmental and industry groups, including county recorders, county district attorneys, the Franchise Tax Board, Fannie Mae, the United States Internal Revenue Service, trustees, mortgage bankers, financial institutions, and the title insurance and real estate industries.

(Amended by Stats. 2001, Ch. 745, Sec. 101. Effective October 12, 2001.)

27280.

(a) Any instrument or judgment affecting the title to or possession of real property may be recorded pursuant to this chapter.

(b) Any instrument or document submitted for recordation which effectuates a change in ownership may be accompanied by a change in ownership statement as provided for in Section 480 of the Revenue and Taxation Code. Upon receipt of such change in ownership statement, the recorder shall transmit, as soon as possible, the original statement or true copy thereof to the county assessor along with the recorded document as required by Section 255.7 of the Revenue and Taxation Code. The change in ownership statement shall not be recorded nor open and available to public inspection and shall at all times remain confidential, except as provided in Section 408 of the Revenue and Taxation Code.

(Amended by Stats. 1979, Ch. 242.)

27280.5.

The names of parties required to be indexed appearing in any instrument, paper, or notice presented for recordation shall be legibly signed, typed, or printed therein before acceptance by the county recorder. The names of all persons executing or witnessing a document shall be legibly signed or shall be typed or printed to the side of or below the signature. The absence or neglect to legibly sign, type, or print the names shall not affect the notice otherwise imparted by recording.

(Added by Stats. 1967, Ch. 56.)

27280.6.

(a) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such agreement. A violation of this subdivision shall also constitute a violation of Section 1670.12 of the Civil Code.

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(b) For purposes of this section, “exclusive listing agreement” means any contract or agreement providing an exclusive right to list or sell residential real property, including:

(1) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.

(2) A contract or agreement to enter into any such agreement or arrangement.

(c) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that person’s licensing law.

(Added by Stats. 2023, Ch. 577, Sec. 3. (AB 1345) Effective January 1, 2024.)

27281.

(a) Deeds or grants conveying any interest in or easement upon real estate to a political corporation or governmental agency for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by its certificate or resolution of acceptance attached to or printed on the deed or grant.

If a certificate of acceptance is used, it shall be in substantially the following form:

This is to certify that the interest in real property conveyed by the deed or grant dated _________ from _________ to _________ , a political corporation and/or governmental agency is hereby accepted by order of the _____ (legislative body) _____ on _____ (date) _____ , (or by the undersigned officer or agent on behalf of the _____ (legislative body) _____ pursuant to authority conferred by resolution of the _____ (legislative body) _____ adopted on _____ (date) _____ ,) and the grantee consents to recordation thereof by its duly authorized officer.

Dated ____________________By

(b) A political corporation or governmental agency, by a general resolution, may authorize one or more officers or agents to accept and consent to a deed or grant described in subdivision (a).

(c) In cases where the county tax collector files purchaser’s deeds with respect to a sale for defaulted taxes, the information contained in those documents shall be deemed to constitute compliance with this section.

(d) The requirements of this section shall not apply to a deed of trust or other security or regulatory document recorded by or on behalf of a state agency pursuant to a program or activity of the agency authorized by statute or regulation.

(e) Subdivision (a) does not apply to a revocable transfer on death deed.

(f) A revocable transfer on death deed that names a political corporation or governmental agency as a beneficiary does not transfer title to that political corporation or governmental agency unless and until the political corporation or governmental agency records a resolution of acceptance or a certificate of consent in a form substantially similar to the form prescribed in subdivision (a).

(Amended by Stats. 2021, Ch. 215, Sec. 1. (SB 315) Effective January 1, 2022.)

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27281.5.

(a) Any restriction imposed upon real property on or after January 1, 1982, which restricts either the ability of the owner of real property to convey the real property or the owner of a proprietary leasehold interest to convey such interest and which is imposed by a municipal or governmental entity on real property or a proprietary leasehold interest which is not owned by the municipal or governmental entity, shall be specifically set forth in a recorded document which particularly describes the real property restricted in order to impart constructive notice of the restriction, or shall be referenced in a recorded document which particularly describes the real property restricted and which refers by page and book number to a separately recorded document in which the restriction is set forth in full.

(b) Any restriction on the ability of a person to convey real property which is subject to subdivision (a) shall be valid and enforceable only when the requirements contained in subdivision (a) have been met.

(c) Nothing in this section shall be construed, either directly or by implication, to enhance, diminish, or authorize any municipal or governmental entity to impose a restriction on the ability of a person to convey real property or a proprietary leasehold interest.

(Added by Stats. 1981, Ch. 663, Sec. 1.)

27282.

(a) The following documents may be recorded without acknowledgment, certificate of acknowledgment, or further proof:

(1) A judgment affecting the title to or possession of real property, authenticated by the certificate of the clerk of the court in which the judgment was rendered.

(2) A notice of support judgment, an interstate lien, a release of lien, or any other document completed and recorded by a local child support agency or a state agency acting pursuant to Title IV-D of the Social Security Act (42 U.S.C.

Sec. 651 et seq.).

(3) A notice of location of mining claim.

(4) Certificates of amounts of taxes, interest and penalties due, notices of state tax liens and extensions thereof executed by the state, county, or city taxing agencies or officials pursuant to Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of the Government Code, and Sections 2191.3, 2191.4, and 11495 of the Revenue and Taxation Code, and releases, partial releases, and subordinations executed pursuant to Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of the Government Code, and Sections 2191.4, 11496, 14307, and 14308 of the Revenue and Taxation Code.

(5) Notices of lien for postponed property taxes executed pursuant to Section 16182.

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(6) A release or discharge of a lien for postponed property taxes as authorized by Chapter 6 (commencing with Section 16180) of Part 1 of Division 4 of Title 2.

(7) A fixture filing as defined by paragraph (40) of subdivision (a) of Section 9102 of the Commercial Code.

(8) An order affecting title to or possession of real…