New “Re-Recording” Law To Take Effect In California January 1, 2017December 28, 2016 State Update
The new law, AB 1974, is effective January 01, 2017 and regards “Re-Recording” a Document in the state of California.
AB 1974- This bill establishes requirements for standardization in the re-recording of documents.
- Re-recorded documents must be executed and acknowledged or verified as new documents, unless otherwise exempted as follows:
- Document is exempt under Government Code Section 27287.
- The instrument, paper or notice is presented solely to correct a recording sequence.
- The instrument, paper of notice is presented with a corrective affidavit (see #3).
- A cover sheet is required for each re-recorded instrument, paper of notice and to state the reason for re-recording.
- Defines a new document, “corrective affidavit,” which must be presented with the document to be recorded pursuant to Section 27201©(1)©(i) where the instrument, paper or notice is presented solely to make a minor correction. The corrective affidavit must satisfy all of the following:
- Be attached to the original recorded instrument, paper, or notice.
- Set out the information corrected.
- Be certified by the party submitting the affidavit under penalty of perjury.
- Be acknowledged pursuant to Section 27287.
- Defines a “minor correction” to include any of the following:
- An incorrect or missing address of the party to which the instrument, paper, or notice is to be returned following recording pursuant to Section 27361.6.
- Clarification of illegible text pursuant to Section 27361.7
- An incorrect or missing printed or typed name of an individual or entity near the signature pursuant to Section 27280.5.
- An incorrect or missing documentary transfer tax amount due pursuant to Section 11932 of the Revenue and Taxation Code.