[Occupymendocino] [Fwd: Re: Government code on recorder's job]

[agnes at mcn.org]

Attention Linda Jupiter et al

---------------------------- Original Message ----------------------------
Subject: Re: Government code on recorder's job
From:    bodhirobin at pacific.net
Date:    Fri, February 21, 2014 12:17 pm
To:      "Agnes Woolsey" <agnes at mcn.org>
--------------------------------------------------------------------------



It is true that GOVERNMENT CODE SECTION 27201-27211
says that the Recorder must ACCEPT every document for recording,
BUT

only if the instrument, paper, or notice contains sufficient
information
to be indexed as provided by statute, meets recording
requirements of
state statutes and local
ordinances,and is photographically reproducible.

(b)
(1) Each instrument, paper, or notice shall contain an original
signature or signatures, except as otherwise provided by law, or
be a certified copy of the original.

AND

Since 1997, if the Recorder finds the document to be
UNRECORDABLE, then she has to send the agency a form notification. 


(a) (1) Neglects or refuses to record the instrument, paper, or
notice within a reasonable time after receiving it. This subdivision shall
not apply to an instrument, paper, or notice that the recorder has
determined to be an unrecordable document pursuant to this chapter.
Nothing in this subdivision shall preclude the application of Section
27201.
(2) The recorder may provide, to any person presenting a document the
recorder determines to be an unrecordable document, a form stating that
the person has the right to judicial review in a court of competent
jurisdiction of the recorder's refusal to record the document.

ALSO
The CA Homeowner's Bill of Rights of 1/1/2013 says:

2924.17.  (a) A declaration recorded pursuant to Section 2923.5 or,
until January 1, 2018, pursuant to Section 2923.55, a notice of default,
notice of sale, assignment of a deed of trust, or substitution of trustee
recorded by or on behalf of a mortgage servicer in connection with a
foreclosure subject to the requirements of Section 2924, or a declaration
or affidavit filed in any court relative to a foreclosure proceeding
shall be accurate and complete and supported by competent
and reliable evidence.

In Peace, Robin


> FYI ,Robin.
> Greetings,
all,
> With Robin running for County Recorder, I investigated a
bit.
> Interestingly, there&rsquo;s a government oversight agency
for the county
> assessor position, but none for the
recorder&rsquo;s functions. However, Ladeena
> Ford of the Board
of Equalization got us information about the recorder&rsquo;s
>
job.
>
>> The below link will take you directly to
Government Code sections 27201
> through 27211:
>>
>>
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=27001-28000&file=27201-27211
>
> The second sentence of section 27201 states:
>

>     The county recorder shall not refuse to record any
instrument, paper,
> or notice that is authorized or required by
statute, court order, or
> local ordinance that relates to the
recordation of any instrument,
> paper, or notice that relates to
real property to be recorded on the
> basis of its lack of legal
sufficiency.
>
> I bolded &ldquo;shall not
refuse.&rdquo;
>
> Obviously, Susan Ranochack is doing
her job, which doesn&rsquo;t mean that Robin
> shouldn&rsquo;t run
for that office.
>
> Onward,
> Linda
>

>
> Begin forwarded message:
>
>>
From: "Ford, Ladeena L" <Ladeena.Ford at boe.ca.gov>
>> Subject: Government Code Sections 27201-27211
>>
Date: February 19, 2014 at 4:54:53 PM PST
>> To:
"'Jupiter at mcn.org'" <Jupiter at mcn.org>
>>
>> Ms. Jupiter,
>>
>>
>>
>> As I indicated over the phone, the Board of Equalization does
not
> provide oversight over the County Recorder so I am unable to
provide a
> response to your question.
>>
>>
>>
>> I was able to locate Government
Code sections 27201 through 27211, which
> identifies the general
duties of the recorder. The Government Code is
> available to the
general public through the website of the State of
> California
Legislative Counsel (www.leginfo.ca.gov).
>>
>>
>>
>> The below link will take you directly to
Government Code sections 27201
> through 27211:
>>
>>
>>
>>
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=27001-28000&file=27201-27211
>>
>>
>>
>>
>>
>> Ladeena Ford
>>
>> 916-323-9486

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