County recorder: recordation of documents.

Existing law establishes various county offices, including the office of recorder. Existing law requires the recorder to, among other things, accept for recordation any instrument, paper, or notice that is authorized or required to be recorded, as specified. Existing law authorizes a notary public to apply for registration with the Secretary of State to perform online notarization according to specified requirements. This bill would authorize a disinterested custodian, as defined, to certify that a tangible copy of an electronic record is a completed and accurate reproduction of the electronic record. The bill would require a recorder to accept for recording a tangible copy of an electronic record that has been so certified by a notary public if specified requirements are met. The bill would state that a tangible copy of an electronic record imparts notice of its contents, as specified, notwithstanding any failure of the person making the certification to qualify as a disinterested custodian. By imposing these requirements, and by expanding the crime of perjury, this bill would impose state-mandated local programs. Existing law provides that any instrument affecting the title to real property, one year after the same has been copied into the proper book of record, that is kept in the office of any county recorder, provides notice of its contents to specified individuals, notwithstanding any defect, omission, or informality in the execution of the instrument or in the certificate of acknowledgment, or absence of that certificate. This bill would instead provide that an above-described instrument provides notice of its contents 90 days after it has been copied into the proper book of record. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons.