[Occupymendocino] County recorder

Linda Jupiter jupiter at mcn.org
Mon Feb 24 14:52:04 PST 2014


That sounds good to me, Robin and Agnes.
Just want to make sure our ducks are all in a row.
Linda




On Feb 24, 2014, at 12:00 PM, occupymendocino-request at lists.mcn.org wrote:

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>   1. [Fwd: Re: Government code on recorder's job] (agnes at mcn.org)
> 
> 
> ----------------------------------------------------------------------
> 
> Message: 1
> Date: Mon, 24 Feb 2014 08:25:55 -0800
> From: agnes at mcn.org
> Subject: [Occupymendocino] [Fwd: Re: Government code on recorder's
> 	job]
> To: occupymendocino at lists.mcn.org
> Message-ID:
> 	<3cec857b8b7c63f25f31f2d8b1b2723c.squirrel at webmail.mcn.org>
> Content-Type: text/plain; charset="iso-8859-1"
> 
> 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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