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Statutes > California > Gov > 27279-27297.7

GOVERNMENT CODE
SECTION 27279-27297.7



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.



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.
   (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.



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.



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.



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 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.


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.



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.



27281.  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
  __________________________on___,
                            (legislative
  body)                  (date)
  (or by the undersigned officer or agent on
  behalf of
  the
  _________________________________________________
                  (legislative body)
  pursuant to authority conferred by resolution of
  the
  ____________________________adopted on____,)
                                  (legislative
  body)               (date)
  and the grantee consents to recordation thereof
  by its duly
  authorized officer.
  Dated__________________________ By__

   A political corporation or governmental agency, by a general
resolution, may authorize one or more officers or agents to accept
and consent to such deeds or grants.
   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.
   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.



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.




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.
   (6) A release, discharge, or subordination 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 property
issued by a court in an action subject to Section 12527,
authenticated by the certificate of the clerk of the court in which
the order was issued or a copy of that order authenticated by a
declaration under penalty of perjury by the Attorney General or by an
assistant or deputy of the Attorney General attesting that the
contents of the copy are the same as the original order issued by the
court.
   (9) A court certified copy of a satisfaction of judgment.
   (10) A certificate of correction filed pursuant to Sections 66470
and 66472.1.
   (b) Any document described in this section, from the time it is
filed with the recorder for record, is constructive notice of the
contents thereof to subsequent purchasers and mortgagees.



27283.  The record of all notices of location of mining claims made
prior to March 9, 1897 in the proper office without acknowledgment,
or certificate of acknowledgment, or other proof, has the same force
and effect for all purposes as if the notices had been duly
acknowledged or proved and certified as required by law.




27284.  Affidavits showing work or posting of notices upon mining
claims may be recorded in the recorder's office of the county where
the mining claims are situated.



27285.  The following documents may be recorded without
acknowledgment or further proof:
   (a) Letters patent from the United States or from the state,
executed and authenticated pursuant to existing law.
   (b) Leases for the development and extraction of minerals,
including oil and gas, in which the United States is the lessor,
executed on behalf of the United States by the Secretary of the
Interior or by any other properly authorized officer or officers.
   (c) Copies of interdepartmental letters or decisions of the
Department of the Interior or of any duly authorized officer or
employee thereof approving assignments or surrenders of such leases
or encumbrances thereon or canceling any such leases, certified by
the Director of the Bureau of Land Management of the Department of
the Interior, or by any duly authorized officer or employee having
the custody of such letters of decisions.
   (d) Copies of documents filed with the General Land Office of the
Department of the Interior or in any district land office executed
and acknowledged in a manner which would entitle them to be recorded
and by which any interest in such leases or in the production
thereunder is conveyed, assigned, encumbered or quitclaimed,
certified by the officer or employee of the Department of the
Interior having the custody of such documents.
   When a copy of any document so certified is recorded, the record
has the same force and effect as though it were the record of the
original document.


27286.  If letters patent have been lost or are beyond the control
of any party deraigning title from them, or if for any reason they
remain unrecorded, any person claiming title thereunder may cause a
transcript of the copy of such letters patent kept by the government
issuing them, duly certified by the officer or individual having
lawful custody of the copy, to be recorded in lieu of the original,
and the recorded copy has prima facie the same force and effect as
the original for title or for evidence, until the original letters
patent are recorded.


27287.  Unless it belongs to the class provided for in either
Sections 27282 to 27286, inclusive, or Sections 1202 or 1203, of the
Civil Code, or is a fictitious mortgage or deed of trust as provided
in Sections 2952, or 2963, of the Civil Code, or is a fictitious oil
and gas lease as provided in Section 1219 of the Civil Code, or is a
claim of lien, as provided in Section 3084 of the Civil Code, or a
notice of completion, as provided in Section 3093 of the Civil Code,
before an instrument can be recorded its execution shall be
acknowledged by the person executing it, or if executed by a
corporation, by its president or secretary or other person executing
it on behalf of the corporation, or, except for any quitclaim deed or
grant deed other than a trustee's deed or a deed of reconveyance,
mortgage, deed of trust, or security agreement, proved by subscribing
witness or as provided in Sections 1198 and 1199 of the Civil Code,
and the acknowledgment or proof certified as prescribed by law.



27287.  Unless it belongs to the class provided for in either
Sections 27282 to 27286, inclusive, or Section 1202 or 1203, of the
Civil Code, or is a fictitious mortgage or deed of trust as provided
in Section 2952 or 2963 of the Civil Code, or is a fictitious oil and
gas lease as provided in Section 1219 of the Civil Code, or is a
claim of lien under Section 8416 of the Civil Code or a notice of
completion under Section 8182 or 9204 of the Civil Code, before an
instrument can be recorded its execution shall be acknowledged by the
person executing it, or if executed by a corporation, by its
president or secretary or other person executing it on behalf of the
corporation, or, except for any quitclaim deed or grant deed other
than a trustee's deed or a deed of reconveyance, mortgage, deed of
trust, or security agreement, proved by subscribing witness or as
provided in Sections 1198 and 1199 of the Civil Code, and the
acknowledgment or proof certified as prescribed by law.



27288.  If the instrument is an agreement for sale, lease, option
agreement, deposit receipt, commission receipt, or affidavit which
quotes or refers to an agreement for sale, lease, option agreement,
deposit receipt, commission receipt, or lease and such instrument
claims to, or affects any interest in real property, it shall be
executed and acknowledged or proved as provided in Section 27287 by
the party who appears by the instrument to be the party whose real
property is affected or alienated thereby.



27288.1.  All documents described in this section now or hereafter
authorized by law to be recorded in the official records of a county
shall contain the following information in addition to any
information as may be required by law pertaining to the particular
document:
   (a) If the document effects or evidences a transfer or encumbrance
of an interest in real property, the name or names in which the
interest appears of record, except that a notice of assessment
recorded pursuant to Section 3114 of the Streets and Highways Code, a
notice of special tax lien recorded pursuant to Section 3114.5 of
the Streets and Highways Code, and a notice of award of contract
recorded pursuant to Section 5248 of the Streets and Highways Code,
shall show the name or names of the assessed owners as they appear on
the latest secured assessment roll.
   (b) If the document releases or terminates any interest, right or
encumbrance, it shall contain or have appended thereto all of the
names of those persons and entities owning the title or interest
being relieved by the document, or the names of the owners of that
title or interest as they appeared at the time and in the document
creating the interest, right or encumbrance.
   (c) In cases where the county tax collector is filing purchaser's
deeds with respect to a sale for defaulted taxes, those documents
shall be deemed to constitute compliance with this section.
   No document subject to this section shall be recorded or indexed
in the official records of a county unless it contains the
information required by this section as well as any additional
information required by law pertaining to the particular document,
but the recorder may rely upon the information contained in, or
appended to, the document being offered for record. The failure of
any document to include all of the names required by this section
shall not affect the constructive notice which would otherwise be
afforded by the recording of the document. This section shall not
apply to a vacation or abandonment by a public agency of a public
highway or road.



27288.2.  Pursuant to Section 5029 of the Public Resources Code,
after March 15, 1993, the county recorder shall record a certified
resolution establishing an historical resources designation issued by
the State Historical Resources Commission or a local agency, or unit
thereof. For previously designated properties, the county may record
the certified resolution establishing the historical resources
designation upon submission.



27289.  Whenever a notice is required by law to be recorded for any
purpose, it shall be signed by the person giving notice or his agent.



27290.  An instrument proved and certified pursuant to Sections 1198
and 1199 of the Civil Code may be recorded in the proper office only
if the original is at the same time deposited therein to remain for
public inspection. In those counties where the photographic or
microphotographic method of recording is employed, the original
instrument, after recording, shall be delivered to the party leaving
it for record at his last known address or upon his order.



27291.  (a) Notwithstanding any provision of Chapter 5 (commencing
with Section 9501) of Division 9 of the Commercial Code or any other
provision of law, a financing statement to perfect a security
interest or agricultural lien may, at the election of the recorder
and subject to the conditions of subdivision (b), be recorded instead
of filed.
   (b) A recorder may elect to record a financing statement if all of
the following apply:
   (1) The recorder employs a system of microphotography, optical
disk, or other reproduction system that does not permit additions,
deletions, or other changes to the permanent record of the original
document.
   (2) All film used in the microphotography process complies with
minimum standards of quality approved by the United States Bureau of
Standards and the American National Standards Institute.
   (3) A true copy of the microfilm, optical disk, or other storage
medium is kept in a safe and separate place for security purposes.
   (c) A certified copy of any record stored or retained on
microfilm, optical disk, or other reproduction system pursuant to
this section shall be admissible in any court to the same extent as
the original record.


27293.  (a) (1) Except as otherwise provided in subdivision (b), if
an instrument intended for record is executed or certified in whole
or in part in a language other than English, the recorder shall not
accept the instrument for record.
   (2) (A) A translation in English of an instrument executed or
certified in whole or in part in a language other than English may be
presented to the county clerk for verification that the translation
was performed by a certified or registered court interpreter, as
described in Section 68561, or by an accredited translator registered
with the American Translators Association. The translation shall be
accompanied by a notarized declaration by the interpreter or
translator that the translation is true and accurate, and includes
the certification, qualification, or registration of the interpreter
or translator. The clerk shall consult an Internet Web site
maintained by the Judicial Council or the American Translators
Association in verifying the certification, qualification, or
registration of the interpreter or translator.
   (B) Upon verification that the translation was performed by an
interpreter or translator described in subparagraph (A), and that the
translation is accompanied by a notarized declaration as required
pursuant to subparagraph (A), the clerk shall duly make certification
of that verification under seal of the county, attach the
certification to the translation, and attach the certified
translation to the original instrument.
   (C) For this verification and certification, a fee of ten dollars
($10) shall be paid to the county clerk for each document submitted
for certification. The attached original instrument and certified
translation may be presented to the recorder, and, upon payment of
the usual fees, the recorder shall accept and permanently file the
instrument and record the certified translation. The recording of the
certified translation gives notice and is of the same effect as the
recording of an original instrument. Certified copies of the recorded
translation may be recorded in other counties, with the same effect
as the recording of the original translation, provided, however, that
in those counties where a photostatic or photographic method of
recording is employed, the whole instrument, including the foreign
language and the translation, may be recorded, and the original
instrument returned to the party leaving it for record or upon his or
her order.
   (b) The provisions of subdivision (a) do not apply to any
instrument offered for record that contains provisions in English and
a translation of the English provisions in a language other than
English, provided that the English provisions and the translation
thereof are specifically set forth in state or federal law.
   (c) The county clerk is not required to issue a translation
certificate if he or she is unable to confirm the certification,
registration, or accreditation of the translator, as required in
subdivision (a).



27294.  In all cases the recorder shall endorse the amount of his
fee for recordation on the instrument recorded.



27295.  Where real property acquired by a municipality or a
redevelopment agency is to be transferred in accordance with an
official redevelopment plan any contract for such transfer and the
official redevelopment plan (or such part or parts of such contract
or plan as the municipality or agency may determine) may be recorded
pursuant to this chapter.



27296.  The county recorder in each county shall complete a yearly
statistical report of documents recorded and filed on the form herein
described. Such a report shall be submitted to the office of the
Insurance Commissioner. The county recorder may either charge for
copies of this report or may disburse the report without fee for
public information. Certified and noncertified copies of any records
issued by the county recorder shall not be included in this report.
   The standard statistical report form shall be substantially as
follows:

             Documents Recorded and Filed
                                             Year
  Deeds..................................
  Deeds of Trust and Mortgages...........
  Reconveyances..........................
  Trustee's Deeds........................
  Total number of documents recorded and
  filed..................................




27297.  For purposes of this article, a certificate describing real
property and any lien thereon claimed pursuant to law for the costs
of abatement of a nuisance upon such property, is an instrument
affecting the title to or possession of such property.




27297.5.  (a) Upon recordation of an abstract of judgment or other
document creating an involuntary lien affecting the title to real
property, unless the county recorder has received from the judgment
creditor proof of service pursuant to subdivision (b) of a copy of
the document being recorded, the county recorder may, whenever the
recorded document evidencing that lien contains the address of the
person or persons against whom the involuntary lien is recorded or
the address of the judgment debtor's attorney of record, within 10
days notify the person or persons or attorney of record by mail of
the recordation.
   (b) As an alternative to notice by the recorder, the judgment
creditor or lienholder may serve upon the person or persons against
whom the abstract of judgment or document creating an involuntary
lien is to be recorded, a copy thereof in one of the following ways:
   (1) By personal delivery. Proof of service pursuant to this
paragraph shall be shown by the affidavit of the person making the
service, showing the time, place, and manner of service, the name and
address of the person served, and any other facts necessary to show
that service was made in accordance with this paragraph. If there is
no address for a person to be served known to the judgment creditor
or lienholder, he or she shall append to the abstract of judgment or
involuntary lien an affidavit to that effect.
   (2) By leaving it at the person's residence or place of business
in the care of some person in charge. Proof of service pursuant to
this paragraph shall be shown by the affidavit of the person making
the service, showing the time, place, and manner of service, the name
and address of the person served, together with the title or
capacity of the person accepting service, and any other facts
necessary to show that service was made in accordance with this
paragraph.
   (3) By registered or certified mail, postage prepaid, addressed to
the person's residence or place of business. This service is
complete at the time of mailing. Proof of service pursuant to this
paragraph shall be shown by an affidavit setting forth the fact of
service, the name and residence or business address of the person
making this service, showing that he or she is a resident of, or
employed in, the county where the mailing occurs, the fact that he or
she is over the age of 18 years, the date and place of deposit in
the mail, the name and address of the person served as shown on the
envelope, and the fact that the envelope was sealed and deposited in
the mail, with the postage thereon fully prepaid, and sent by
registered or certified mail.
   (c) The judgment creditor may add the actual cost of service
pursuant to subdivision (b) to the judgment or involuntary lien. The
costs shall not exceed the cost had the abstract of judgment or
involuntary lien been recorded pursuant to subdivision (a).
   (d) As used in this section, "involuntary lien" means a lien that
the person or persons against whom the lien is recorded has not
executed or has not consented to by contract.
   (e) This section shall not apply to the recordation of any
documents relating to an involuntary lien in favor of the federal
government pursuant to federal law or statute or to the recordation
of any state tax lien against real property.
   (f) The failure of the county recorder or a judgment creditor or
lienholder to notify the person or persons against whom an abstract
of judgment or involuntary lien is recorded as authorized by this
section shall not affect the constructive notice otherwise imparted
by recordation, nor shall it affect the force, effect, or priority
otherwise accorded the lien.
   (g) 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.
   (h) In recognition of the state and local interests served by the
action made optional in subdivision (a), the Legislature encourages
the county recorder to continue taking the action formerly mandated
by this section. However, nothing in this subdivision may be
construed to impose any liability on a local agency that does not
continue to take the formerly mandated action.



27297.6.  (a) Following adoption of an authorizing resolution by the
Los Angeles County Board of Supervisors, the Los Angeles County
Recorder may, within 30 days of recordation of a deed, quitclaim
deed, or deed of trust, notify by mail the party or parties executing
the document. The recorder may require, as a condition of recording,
that a deed, quitclaim deed, or deed of trust 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.



27297.7.  (a) Following adoption of an authorizing resolution by the
board of supervisors, the county recorder may, within 30 days of
recordation of a deed, quitclaim deed, or deed of trust, notify by
mail the party or parties executing the document. The recorder may
require, as a condition of recording, that a deed, quitclaim deed, or
deed of trust 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.

State Codes and Statutes

Statutes > California > Gov > 27279-27297.7

GOVERNMENT CODE
SECTION 27279-27297.7



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.



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.
   (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.



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.



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.



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 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.


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.



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.



27281.  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
  __________________________on___,
                            (legislative
  body)                  (date)
  (or by the undersigned officer or agent on
  behalf of
  the
  _________________________________________________
                  (legislative body)
  pursuant to authority conferred by resolution of
  the
  ____________________________adopted on____,)
                                  (legislative
  body)               (date)
  and the grantee consents to recordation thereof
  by its duly
  authorized officer.
  Dated__________________________ By__

   A political corporation or governmental agency, by a general
resolution, may authorize one or more officers or agents to accept
and consent to such deeds or grants.
   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.
   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.



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.




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.
   (6) A release, discharge, or subordination 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 property
issued by a court in an action subject to Section 12527,
authenticated by the certificate of the clerk of the court in which
the order was issued or a copy of that order authenticated by a
declaration under penalty of perjury by the Attorney General or by an
assistant or deputy of the Attorney General attesting that the
contents of the copy are the same as the original order issued by the
court.
   (9) A court certified copy of a satisfaction of judgment.
   (10) A certificate of correction filed pursuant to Sections 66470
and 66472.1.
   (b) Any document described in this section, from the time it is
filed with the recorder for record, is constructive notice of the
contents thereof to subsequent purchasers and mortgagees.



27283.  The record of all notices of location of mining claims made
prior to March 9, 1897 in the proper office without acknowledgment,
or certificate of acknowledgment, or other proof, has the same force
and effect for all purposes as if the notices had been duly
acknowledged or proved and certified as required by law.




27284.  Affidavits showing work or posting of notices upon mining
claims may be recorded in the recorder's office of the county where
the mining claims are situated.



27285.  The following documents may be recorded without
acknowledgment or further proof:
   (a) Letters patent from the United States or from the state,
executed and authenticated pursuant to existing law.
   (b) Leases for the development and extraction of minerals,
including oil and gas, in which the United States is the lessor,
executed on behalf of the United States by the Secretary of the
Interior or by any other properly authorized officer or officers.
   (c) Copies of interdepartmental letters or decisions of the
Department of the Interior or of any duly authorized officer or
employee thereof approving assignments or surrenders of such leases
or encumbrances thereon or canceling any such leases, certified by
the Director of the Bureau of Land Management of the Department of
the Interior, or by any duly authorized officer or employee having
the custody of such letters of decisions.
   (d) Copies of documents filed with the General Land Office of the
Department of the Interior or in any district land office executed
and acknowledged in a manner which would entitle them to be recorded
and by which any interest in such leases or in the production
thereunder is conveyed, assigned, encumbered or quitclaimed,
certified by the officer or employee of the Department of the
Interior having the custody of such documents.
   When a copy of any document so certified is recorded, the record
has the same force and effect as though it were the record of the
original document.


27286.  If letters patent have been lost or are beyond the control
of any party deraigning title from them, or if for any reason they
remain unrecorded, any person claiming title thereunder may cause a
transcript of the copy of such letters patent kept by the government
issuing them, duly certified by the officer or individual having
lawful custody of the copy, to be recorded in lieu of the original,
and the recorded copy has prima facie the same force and effect as
the original for title or for evidence, until the original letters
patent are recorded.


27287.  Unless it belongs to the class provided for in either
Sections 27282 to 27286, inclusive, or Sections 1202 or 1203, of the
Civil Code, or is a fictitious mortgage or deed of trust as provided
in Sections 2952, or 2963, of the Civil Code, or is a fictitious oil
and gas lease as provided in Section 1219 of the Civil Code, or is a
claim of lien, as provided in Section 3084 of the Civil Code, or a
notice of completion, as provided in Section 3093 of the Civil Code,
before an instrument can be recorded its execution shall be
acknowledged by the person executing it, or if executed by a
corporation, by its president or secretary or other person executing
it on behalf of the corporation, or, except for any quitclaim deed or
grant deed other than a trustee's deed or a deed of reconveyance,
mortgage, deed of trust, or security agreement, proved by subscribing
witness or as provided in Sections 1198 and 1199 of the Civil Code,
and the acknowledgment or proof certified as prescribed by law.



27287.  Unless it belongs to the class provided for in either
Sections 27282 to 27286, inclusive, or Section 1202 or 1203, of the
Civil Code, or is a fictitious mortgage or deed of trust as provided
in Section 2952 or 2963 of the Civil Code, or is a fictitious oil and
gas lease as provided in Section 1219 of the Civil Code, or is a
claim of lien under Section 8416 of the Civil Code or a notice of
completion under Section 8182 or 9204 of the Civil Code, before an
instrument can be recorded its execution shall be acknowledged by the
person executing it, or if executed by a corporation, by its
president or secretary or other person executing it on behalf of the
corporation, or, except for any quitclaim deed or grant deed other
than a trustee's deed or a deed of reconveyance, mortgage, deed of
trust, or security agreement, proved by subscribing witness or as
provided in Sections 1198 and 1199 of the Civil Code, and the
acknowledgment or proof certified as prescribed by law.



27288.  If the instrument is an agreement for sale, lease, option
agreement, deposit receipt, commission receipt, or affidavit which
quotes or refers to an agreement for sale, lease, option agreement,
deposit receipt, commission receipt, or lease and such instrument
claims to, or affects any interest in real property, it shall be
executed and acknowledged or proved as provided in Section 27287 by
the party who appears by the instrument to be the party whose real
property is affected or alienated thereby.



27288.1.  All documents described in this section now or hereafter
authorized by law to be recorded in the official records of a county
shall contain the following information in addition to any
information as may be required by law pertaining to the particular
document:
   (a) If the document effects or evidences a transfer or encumbrance
of an interest in real property, the name or names in which the
interest appears of record, except that a notice of assessment
recorded pursuant to Section 3114 of the Streets and Highways Code, a
notice of special tax lien recorded pursuant to Section 3114.5 of
the Streets and Highways Code, and a notice of award of contract
recorded pursuant to Section 5248 of the Streets and Highways Code,
shall show the name or names of the assessed owners as they appear on
the latest secured assessment roll.
   (b) If the document releases or terminates any interest, right or
encumbrance, it shall contain or have appended thereto all of the
names of those persons and entities owning the title or interest
being relieved by the document, or the names of the owners of that
title or interest as they appeared at the time and in the document
creating the interest, right or encumbrance.
   (c) In cases where the county tax collector is filing purchaser's
deeds with respect to a sale for defaulted taxes, those documents
shall be deemed to constitute compliance with this section.
   No document subject to this section shall be recorded or indexed
in the official records of a county unless it contains the
information required by this section as well as any additional
information required by law pertaining to the particular document,
but the recorder may rely upon the information contained in, or
appended to, the document being offered for record. The failure of
any document to include all of the names required by this section
shall not affect the constructive notice which would otherwise be
afforded by the recording of the document. This section shall not
apply to a vacation or abandonment by a public agency of a public
highway or road.



27288.2.  Pursuant to Section 5029 of the Public Resources Code,
after March 15, 1993, the county recorder shall record a certified
resolution establishing an historical resources designation issued by
the State Historical Resources Commission or a local agency, or unit
thereof. For previously designated properties, the county may record
the certified resolution establishing the historical resources
designation upon submission.



27289.  Whenever a notice is required by law to be recorded for any
purpose, it shall be signed by the person giving notice or his agent.



27290.  An instrument proved and certified pursuant to Sections 1198
and 1199 of the Civil Code may be recorded in the proper office only
if the original is at the same time deposited therein to remain for
public inspection. In those counties where the photographic or
microphotographic method of recording is employed, the original
instrument, after recording, shall be delivered to the party leaving
it for record at his last known address or upon his order.



27291.  (a) Notwithstanding any provision of Chapter 5 (commencing
with Section 9501) of Division 9 of the Commercial Code or any other
provision of law, a financing statement to perfect a security
interest or agricultural lien may, at the election of the recorder
and subject to the conditions of subdivision (b), be recorded instead
of filed.
   (b) A recorder may elect to record a financing statement if all of
the following apply:
   (1) The recorder employs a system of microphotography, optical
disk, or other reproduction system that does not permit additions,
deletions, or other changes to the permanent record of the original
document.
   (2) All film used in the microphotography process complies with
minimum standards of quality approved by the United States Bureau of
Standards and the American National Standards Institute.
   (3) A true copy of the microfilm, optical disk, or other storage
medium is kept in a safe and separate place for security purposes.
   (c) A certified copy of any record stored or retained on
microfilm, optical disk, or other reproduction system pursuant to
this section shall be admissible in any court to the same extent as
the original record.


27293.  (a) (1) Except as otherwise provided in subdivision (b), if
an instrument intended for record is executed or certified in whole
or in part in a language other than English, the recorder shall not
accept the instrument for record.
   (2) (A) A translation in English of an instrument executed or
certified in whole or in part in a language other than English may be
presented to the county clerk for verification that the translation
was performed by a certified or registered court interpreter, as
described in Section 68561, or by an accredited translator registered
with the American Translators Association. The translation shall be
accompanied by a notarized declaration by the interpreter or
translator that the translation is true and accurate, and includes
the certification, qualification, or registration of the interpreter
or translator. The clerk shall consult an Internet Web site
maintained by the Judicial Council or the American Translators
Association in verifying the certification, qualification, or
registration of the interpreter or translator.
   (B) Upon verification that the translation was performed by an
interpreter or translator described in subparagraph (A), and that the
translation is accompanied by a notarized declaration as required
pursuant to subparagraph (A), the clerk shall duly make certification
of that verification under seal of the county, attach the
certification to the translation, and attach the certified
translation to the original instrument.
   (C) For this verification and certification, a fee of ten dollars
($10) shall be paid to the county clerk for each document submitted
for certification. The attached original instrument and certified
translation may be presented to the recorder, and, upon payment of
the usual fees, the recorder shall accept and permanently file the
instrument and record the certified translation. The recording of the
certified translation gives notice and is of the same effect as the
recording of an original instrument. Certified copies of the recorded
translation may be recorded in other counties, with the same effect
as the recording of the original translation, provided, however, that
in those counties where a photostatic or photographic method of
recording is employed, the whole instrument, including the foreign
language and the translation, may be recorded, and the original
instrument returned to the party leaving it for record or upon his or
her order.
   (b) The provisions of subdivision (a) do not apply to any
instrument offered for record that contains provisions in English and
a translation of the English provisions in a language other than
English, provided that the English provisions and the translation
thereof are specifically set forth in state or federal law.
   (c) The county clerk is not required to issue a translation
certificate if he or she is unable to confirm the certification,
registration, or accreditation of the translator, as required in
subdivision (a).



27294.  In all cases the recorder shall endorse the amount of his
fee for recordation on the instrument recorded.



27295.  Where real property acquired by a municipality or a
redevelopment agency is to be transferred in accordance with an
official redevelopment plan any contract for such transfer and the
official redevelopment plan (or such part or parts of such contract
or plan as the municipality or agency may determine) may be recorded
pursuant to this chapter.



27296.  The county recorder in each county shall complete a yearly
statistical report of documents recorded and filed on the form herein
described. Such a report shall be submitted to the office of the
Insurance Commissioner. The county recorder may either charge for
copies of this report or may disburse the report without fee for
public information. Certified and noncertified copies of any records
issued by the county recorder shall not be included in this report.
   The standard statistical report form shall be substantially as
follows:

             Documents Recorded and Filed
                                             Year
  Deeds..................................
  Deeds of Trust and Mortgages...........
  Reconveyances..........................
  Trustee's Deeds........................
  Total number of documents recorded and
  filed..................................




27297.  For purposes of this article, a certificate describing real
property and any lien thereon claimed pursuant to law for the costs
of abatement of a nuisance upon such property, is an instrument
affecting the title to or possession of such property.




27297.5.  (a) Upon recordation of an abstract of judgment or other
document creating an involuntary lien affecting the title to real
property, unless the county recorder has received from the judgment
creditor proof of service pursuant to subdivision (b) of a copy of
the document being recorded, the county recorder may, whenever the
recorded document evidencing that lien contains the address of the
person or persons against whom the involuntary lien is recorded or
the address of the judgment debtor's attorney of record, within 10
days notify the person or persons or attorney of record by mail of
the recordation.
   (b) As an alternative to notice by the recorder, the judgment
creditor or lienholder may serve upon the person or persons against
whom the abstract of judgment or document creating an involuntary
lien is to be recorded, a copy thereof in one of the following ways:
   (1) By personal delivery. Proof of service pursuant to this
paragraph shall be shown by the affidavit of the person making the
service, showing the time, place, and manner of service, the name and
address of the person served, and any other facts necessary to show
that service was made in accordance with this paragraph. If there is
no address for a person to be served known to the judgment creditor
or lienholder, he or she shall append to the abstract of judgment or
involuntary lien an affidavit to that effect.
   (2) By leaving it at the person's residence or place of business
in the care of some person in charge. Proof of service pursuant to
this paragraph shall be shown by the affidavit of the person making
the service, showing the time, place, and manner of service, the name
and address of the person served, together with the title or
capacity of the person accepting service, and any other facts
necessary to show that service was made in accordance with this
paragraph.
   (3) By registered or certified mail, postage prepaid, addressed to
the person's residence or place of business. This service is
complete at the time of mailing. Proof of service pursuant to this
paragraph shall be shown by an affidavit setting forth the fact of
service, the name and residence or business address of the person
making this service, showing that he or she is a resident of, or
employed in, the county where the mailing occurs, the fact that he or
she is over the age of 18 years, the date and place of deposit in
the mail, the name and address of the person served as shown on the
envelope, and the fact that the envelope was sealed and deposited in
the mail, with the postage thereon fully prepaid, and sent by
registered or certified mail.
   (c) The judgment creditor may add the actual cost of service
pursuant to subdivision (b) to the judgment or involuntary lien. The
costs shall not exceed the cost had the abstract of judgment or
involuntary lien been recorded pursuant to subdivision (a).
   (d) As used in this section, "involuntary lien" means a lien that
the person or persons against whom the lien is recorded has not
executed or has not consented to by contract.
   (e) This section shall not apply to the recordation of any
documents relating to an involuntary lien in favor of the federal
government pursuant to federal law or statute or to the recordation
of any state tax lien against real property.
   (f) The failure of the county recorder or a judgment creditor or
lienholder to notify the person or persons against whom an abstract
of judgment or involuntary lien is recorded as authorized by this
section shall not affect the constructive notice otherwise imparted
by recordation, nor shall it affect the force, effect, or priority
otherwise accorded the lien.
   (g) 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.
   (h) In recognition of the state and local interests served by the
action made optional in subdivision (a), the Legislature encourages
the county recorder to continue taking the action formerly mandated
by this section. However, nothing in this subdivision may be
construed to impose any liability on a local agency that does not
continue to take the formerly mandated action.



27297.6.  (a) Following adoption of an authorizing resolution by the
Los Angeles County Board of Supervisors, the Los Angeles County
Recorder may, within 30 days of recordation of a deed, quitclaim
deed, or deed of trust, notify by mail the party or parties executing
the document. The recorder may require, as a condition of recording,
that a deed, quitclaim deed, or deed of trust 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.



27297.7.  (a) Following adoption of an authorizing resolution by the
board of supervisors, the county recorder may, within 30 days of
recordation of a deed, quitclaim deed, or deed of trust, notify by
mail the party or parties executing the document. The recorder may
require, as a condition of recording, that a deed, quitclaim deed, or
deed of trust 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.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 27279-27297.7

GOVERNMENT CODE
SECTION 27279-27297.7



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.



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.
   (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.



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.



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.



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 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.


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.



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.



27281.  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
  __________________________on___,
                            (legislative
  body)                  (date)
  (or by the undersigned officer or agent on
  behalf of
  the
  _________________________________________________
                  (legislative body)
  pursuant to authority conferred by resolution of
  the
  ____________________________adopted on____,)
                                  (legislative
  body)               (date)
  and the grantee consents to recordation thereof
  by its duly
  authorized officer.
  Dated__________________________ By__

   A political corporation or governmental agency, by a general
resolution, may authorize one or more officers or agents to accept
and consent to such deeds or grants.
   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.
   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.



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.




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.
   (6) A release, discharge, or subordination 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 property
issued by a court in an action subject to Section 12527,
authenticated by the certificate of the clerk of the court in which
the order was issued or a copy of that order authenticated by a
declaration under penalty of perjury by the Attorney General or by an
assistant or deputy of the Attorney General attesting that the
contents of the copy are the same as the original order issued by the
court.
   (9) A court certified copy of a satisfaction of judgment.
   (10) A certificate of correction filed pursuant to Sections 66470
and 66472.1.
   (b) Any document described in this section, from the time it is
filed with the recorder for record, is constructive notice of the
contents thereof to subsequent purchasers and mortgagees.



27283.  The record of all notices of location of mining claims made
prior to March 9, 1897 in the proper office without acknowledgment,
or certificate of acknowledgment, or other proof, has the same force
and effect for all purposes as if the notices had been duly
acknowledged or proved and certified as required by law.




27284.  Affidavits showing work or posting of notices upon mining
claims may be recorded in the recorder's office of the county where
the mining claims are situated.



27285.  The following documents may be recorded without
acknowledgment or further proof:
   (a) Letters patent from the United States or from the state,
executed and authenticated pursuant to existing law.
   (b) Leases for the development and extraction of minerals,
including oil and gas, in which the United States is the lessor,
executed on behalf of the United States by the Secretary of the
Interior or by any other properly authorized officer or officers.
   (c) Copies of interdepartmental letters or decisions of the
Department of the Interior or of any duly authorized officer or
employee thereof approving assignments or surrenders of such leases
or encumbrances thereon or canceling any such leases, certified by
the Director of the Bureau of Land Management of the Department of
the Interior, or by any duly authorized officer or employee having
the custody of such letters of decisions.
   (d) Copies of documents filed with the General Land Office of the
Department of the Interior or in any district land office executed
and acknowledged in a manner which would entitle them to be recorded
and by which any interest in such leases or in the production
thereunder is conveyed, assigned, encumbered or quitclaimed,
certified by the officer or employee of the Department of the
Interior having the custody of such documents.
   When a copy of any document so certified is recorded, the record
has the same force and effect as though it were the record of the
original document.


27286.  If letters patent have been lost or are beyond the control
of any party deraigning title from them, or if for any reason they
remain unrecorded, any person claiming title thereunder may cause a
transcript of the copy of such letters patent kept by the government
issuing them, duly certified by the officer or individual having
lawful custody of the copy, to be recorded in lieu of the original,
and the recorded copy has prima facie the same force and effect as
the original for title or for evidence, until the original letters
patent are recorded.


27287.  Unless it belongs to the class provided for in either
Sections 27282 to 27286, inclusive, or Sections 1202 or 1203, of the
Civil Code, or is a fictitious mortgage or deed of trust as provided
in Sections 2952, or 2963, of the Civil Code, or is a fictitious oil
and gas lease as provided in Section 1219 of the Civil Code, or is a
claim of lien, as provided in Section 3084 of the Civil Code, or a
notice of completion, as provided in Section 3093 of the Civil Code,
before an instrument can be recorded its execution shall be
acknowledged by the person executing it, or if executed by a
corporation, by its president or secretary or other person executing
it on behalf of the corporation, or, except for any quitclaim deed or
grant deed other than a trustee's deed or a deed of reconveyance,
mortgage, deed of trust, or security agreement, proved by subscribing
witness or as provided in Sections 1198 and 1199 of the Civil Code,
and the acknowledgment or proof certified as prescribed by law.



27287.  Unless it belongs to the class provided for in either
Sections 27282 to 27286, inclusive, or Section 1202 or 1203, of the
Civil Code, or is a fictitious mortgage or deed of trust as provided
in Section 2952 or 2963 of the Civil Code, or is a fictitious oil and
gas lease as provided in Section 1219 of the Civil Code, or is a
claim of lien under Section 8416 of the Civil Code or a notice of
completion under Section 8182 or 9204 of the Civil Code, before an
instrument can be recorded its execution shall be acknowledged by the
person executing it, or if executed by a corporation, by its
president or secretary or other person executing it on behalf of the
corporation, or, except for any quitclaim deed or grant deed other
than a trustee's deed or a deed of reconveyance, mortgage, deed of
trust, or security agreement, proved by subscribing witness or as
provided in Sections 1198 and 1199 of the Civil Code, and the
acknowledgment or proof certified as prescribed by law.



27288.  If the instrument is an agreement for sale, lease, option
agreement, deposit receipt, commission receipt, or affidavit which
quotes or refers to an agreement for sale, lease, option agreement,
deposit receipt, commission receipt, or lease and such instrument
claims to, or affects any interest in real property, it shall be
executed and acknowledged or proved as provided in Section 27287 by
the party who appears by the instrument to be the party whose real
property is affected or alienated thereby.



27288.1.  All documents described in this section now or hereafter
authorized by law to be recorded in the official records of a county
shall contain the following information in addition to any
information as may be required by law pertaining to the particular
document:
   (a) If the document effects or evidences a transfer or encumbrance
of an interest in real property, the name or names in which the
interest appears of record, except that a notice of assessment
recorded pursuant to Section 3114 of the Streets and Highways Code, a
notice of special tax lien recorded pursuant to Section 3114.5 of
the Streets and Highways Code, and a notice of award of contract
recorded pursuant to Section 5248 of the Streets and Highways Code,
shall show the name or names of the assessed owners as they appear on
the latest secured assessment roll.
   (b) If the document releases or terminates any interest, right or
encumbrance, it shall contain or have appended thereto all of the
names of those persons and entities owning the title or interest
being relieved by the document, or the names of the owners of that
title or interest as they appeared at the time and in the document
creating the interest, right or encumbrance.
   (c) In cases where the county tax collector is filing purchaser's
deeds with respect to a sale for defaulted taxes, those documents
shall be deemed to constitute compliance with this section.
   No document subject to this section shall be recorded or indexed
in the official records of a county unless it contains the
information required by this section as well as any additional
information required by law pertaining to the particular document,
but the recorder may rely upon the information contained in, or
appended to, the document being offered for record. The failure of
any document to include all of the names required by this section
shall not affect the constructive notice which would otherwise be
afforded by the recording of the document. This section shall not
apply to a vacation or abandonment by a public agency of a public
highway or road.



27288.2.  Pursuant to Section 5029 of the Public Resources Code,
after March 15, 1993, the county recorder shall record a certified
resolution establishing an historical resources designation issued by
the State Historical Resources Commission or a local agency, or unit
thereof. For previously designated properties, the county may record
the certified resolution establishing the historical resources
designation upon submission.



27289.  Whenever a notice is required by law to be recorded for any
purpose, it shall be signed by the person giving notice or his agent.



27290.  An instrument proved and certified pursuant to Sections 1198
and 1199 of the Civil Code may be recorded in the proper office only
if the original is at the same time deposited therein to remain for
public inspection. In those counties where the photographic or
microphotographic method of recording is employed, the original
instrument, after recording, shall be delivered to the party leaving
it for record at his last known address or upon his order.



27291.  (a) Notwithstanding any provision of Chapter 5 (commencing
with Section 9501) of Division 9 of the Commercial Code or any other
provision of law, a financing statement to perfect a security
interest or agricultural lien may, at the election of the recorder
and subject to the conditions of subdivision (b), be recorded instead
of filed.
   (b) A recorder may elect to record a financing statement if all of
the following apply:
   (1) The recorder employs a system of microphotography, optical
disk, or other reproduction system that does not permit additions,
deletions, or other changes to the permanent record of the original
document.
   (2) All film used in the microphotography process complies with
minimum standards of quality approved by the United States Bureau of
Standards and the American National Standards Institute.
   (3) A true copy of the microfilm, optical disk, or other storage
medium is kept in a safe and separate place for security purposes.
   (c) A certified copy of any record stored or retained on
microfilm, optical disk, or other reproduction system pursuant to
this section shall be admissible in any court to the same extent as
the original record.


27293.  (a) (1) Except as otherwise provided in subdivision (b), if
an instrument intended for record is executed or certified in whole
or in part in a language other than English, the recorder shall not
accept the instrument for record.
   (2) (A) A translation in English of an instrument executed or
certified in whole or in part in a language other than English may be
presented to the county clerk for verification that the translation
was performed by a certified or registered court interpreter, as
described in Section 68561, or by an accredited translator registered
with the American Translators Association. The translation shall be
accompanied by a notarized declaration by the interpreter or
translator that the translation is true and accurate, and includes
the certification, qualification, or registration of the interpreter
or translator. The clerk shall consult an Internet Web site
maintained by the Judicial Council or the American Translators
Association in verifying the certification, qualification, or
registration of the interpreter or translator.
   (B) Upon verification that the translation was performed by an
interpreter or translator described in subparagraph (A), and that the
translation is accompanied by a notarized declaration as required
pursuant to subparagraph (A), the clerk shall duly make certification
of that verification under seal of the county, attach the
certification to the translation, and attach the certified
translation to the original instrument.
   (C) For this verification and certification, a fee of ten dollars
($10) shall be paid to the county clerk for each document submitted
for certification. The attached original instrument and certified
translation may be presented to the recorder, and, upon payment of
the usual fees, the recorder shall accept and permanently file the
instrument and record the certified translation. The recording of the
certified translation gives notice and is of the same effect as the
recording of an original instrument. Certified copies of the recorded
translation may be recorded in other counties, with the same effect
as the recording of the original translation, provided, however, that
in those counties where a photostatic or photographic method of
recording is employed, the whole instrument, including the foreign
language and the translation, may be recorded, and the original
instrument returned to the party leaving it for record or upon his or
her order.
   (b) The provisions of subdivision (a) do not apply to any
instrument offered for record that contains provisions in English and
a translation of the English provisions in a language other than
English, provided that the English provisions and the translation
thereof are specifically set forth in state or federal law.
   (c) The county clerk is not required to issue a translation
certificate if he or she is unable to confirm the certification,
registration, or accreditation of the translator, as required in
subdivision (a).



27294.  In all cases the recorder shall endorse the amount of his
fee for recordation on the instrument recorded.



27295.  Where real property acquired by a municipality or a
redevelopment agency is to be transferred in accordance with an
official redevelopment plan any contract for such transfer and the
official redevelopment plan (or such part or parts of such contract
or plan as the municipality or agency may determine) may be recorded
pursuant to this chapter.



27296.  The county recorder in each county shall complete a yearly
statistical report of documents recorded and filed on the form herein
described. Such a report shall be submitted to the office of the
Insurance Commissioner. The county recorder may either charge for
copies of this report or may disburse the report without fee for
public information. Certified and noncertified copies of any records
issued by the county recorder shall not be included in this report.
   The standard statistical report form shall be substantially as
follows:

             Documents Recorded and Filed
                                             Year
  Deeds..................................
  Deeds of Trust and Mortgages...........
  Reconveyances..........................
  Trustee's Deeds........................
  Total number of documents recorded and
  filed..................................




27297.  For purposes of this article, a certificate describing real
property and any lien thereon claimed pursuant to law for the costs
of abatement of a nuisance upon such property, is an instrument
affecting the title to or possession of such property.




27297.5.  (a) Upon recordation of an abstract of judgment or other
document creating an involuntary lien affecting the title to real
property, unless the county recorder has received from the judgment
creditor proof of service pursuant to subdivision (b) of a copy of
the document being recorded, the county recorder may, whenever the
recorded document evidencing that lien contains the address of the
person or persons against whom the involuntary lien is recorded or
the address of the judgment debtor's attorney of record, within 10
days notify the person or persons or attorney of record by mail of
the recordation.
   (b) As an alternative to notice by the recorder, the judgment
creditor or lienholder may serve upon the person or persons against
whom the abstract of judgment or document creating an involuntary
lien is to be recorded, a copy thereof in one of the following ways:
   (1) By personal delivery. Proof of service pursuant to this
paragraph shall be shown by the affidavit of the person making the
service, showing the time, place, and manner of service, the name and
address of the person served, and any other facts necessary to show
that service was made in accordance with this paragraph. If there is
no address for a person to be served known to the judgment creditor
or lienholder, he or she shall append to the abstract of judgment or
involuntary lien an affidavit to that effect.
   (2) By leaving it at the person's residence or place of business
in the care of some person in charge. Proof of service pursuant to
this paragraph shall be shown by the affidavit of the person making
the service, showing the time, place, and manner of service, the name
and address of the person served, together with the title or
capacity of the person accepting service, and any other facts
necessary to show that service was made in accordance with this
paragraph.
   (3) By registered or certified mail, postage prepaid, addressed to
the person's residence or place of business. This service is
complete at the time of mailing. Proof of service pursuant to this
paragraph shall be shown by an affidavit setting forth the fact of
service, the name and residence or business address of the person
making this service, showing that he or she is a resident of, or
employed in, the county where the mailing occurs, the fact that he or
she is over the age of 18 years, the date and place of deposit in
the mail, the name and address of the person served as shown on the
envelope, and the fact that the envelope was sealed and deposited in
the mail, with the postage thereon fully prepaid, and sent by
registered or certified mail.
   (c) The judgment creditor may add the actual cost of service
pursuant to subdivision (b) to the judgment or involuntary lien. The
costs shall not exceed the cost had the abstract of judgment or
involuntary lien been recorded pursuant to subdivision (a).
   (d) As used in this section, "involuntary lien" means a lien that
the person or persons against whom the lien is recorded has not
executed or has not consented to by contract.
   (e) This section shall not apply to the recordation of any
documents relating to an involuntary lien in favor of the federal
government pursuant to federal law or statute or to the recordation
of any state tax lien against real property.
   (f) The failure of the county recorder or a judgment creditor or
lienholder to notify the person or persons against whom an abstract
of judgment or involuntary lien is recorded as authorized by this
section shall not affect the constructive notice otherwise imparted
by recordation, nor shall it affect the force, effect, or priority
otherwise accorded the lien.
   (g) 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.
   (h) In recognition of the state and local interests served by the
action made optional in subdivision (a), the Legislature encourages
the county recorder to continue taking the action formerly mandated
by this section. However, nothing in this subdivision may be
construed to impose any liability on a local agency that does not
continue to take the formerly mandated action.



27297.6.  (a) Following adoption of an authorizing resolution by the
Los Angeles County Board of Supervisors, the Los Angeles County
Recorder may, within 30 days of recordation of a deed, quitclaim
deed, or deed of trust, notify by mail the party or parties executing
the document. The recorder may require, as a condition of recording,
that a deed, quitclaim deed, or deed of trust 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.



27297.7.  (a) Following adoption of an authorizing resolution by the
board of supervisors, the county recorder may, within 30 days of
recordation of a deed, quitclaim deed, or deed of trust, notify by
mail the party or parties executing the document. The recorder may
require, as a condition of recording, that a deed, quitclaim deed, or
deed of trust 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.