News and Press

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.

1. 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).

2. A cover sheet is required for each re-recorded instrument, paper of notice and to state the reason for re-recording.

3. 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.

4. 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.