CLTA News Express
An Express Article from the California Land Title Association
2007 Legislation of Interest to Title Companies
Bulletin 06/07-117
March 28, 2007
AB 18 (Blakeslee) – Signature Stamps (PDF)
AB 18 establishes the Warren Mattingly Signature Stamp Act, which would provide that a person with a disability may use a signature stamp, or authorize another person to use the stamp, to affix his or her signature to a document or writing any time that a signature is required by law or requested in connection with a transaction.
AB 239 (DeSaulnier) – Recording Fees for Affordable Housing (PDF)
This bill would authorize the Contra Costa County Board of Supervisors or the San Mateo Board of Supervisors to additionally charge a flat fee of not more than $25 for certain recorded documents. This fee would be used to assist in the development of affordable housing.
AB 250 (DeVore) – Transfer Upon Death Deeds (PDF)
AB 250 creates the revocable transfer on death deed. The revocable TOD deed must be signed, dated, and acknowledged, as specified, and recorded to be effective. The bill provides that during the owner’s life, does not affect his or her ownership rights. This bill is the result of a California Law Revision commission study.
AB 434 (Silva) – Notaries (PDF)
AB 434 requires a notary public to either provide a photostatic copy or any line item contained in the journal, to the requesting member of the public, or acknowledge that the line item does not exist within 15 days of the mailing of the request.
AB 703 (Ruskin) – Destruction of Records with Social Security Numbers (PDF)
AB 703 prohibits a person or entity from using a social security number as an identifier except as required by federal or state law. It also requires that records containing social security numbers be discarded or destroyed in a specified manner, and would require the encryption or locked storage of records containing social security numbers. There is no exemption for public records or for statements of information used by title companies.
AB 864 (Davis) – Registering with a Local Agency Prior to Buying Property (PDF)
AB 864 requires a person or entity proposing to acquire an ownership interest in a property for which an enforcement agency has recorded documents related to substandard building violations, to register with that enforcement agency, prior to completion of an agreement of sale, completion of an exchange of property, or closing escrow.
AB 980 (Calderon) – Private Transfer Fees (PDF)
AB 980 states the intent of the Legislature to enact legislation to ensure that home buyers are adequately informed about transfer fees that are imposed by developers on home buyers and that are based on a percentage of the sales price of the home. The bill would specify certain factors to be disclosed, including the duration of any fee, its recipient, and the potential effect of the fee on the future resale value of the property. This bill is sponsored by the California Association of Realtors.
AB 1020 (Runner) – Recordation of Digital Images (PDF)
AB 1020 authorizes digital images, rather then just digitized images to be recorded. The recorder of any county may, in lieu of a written paper, accept for recording digitized images, digital images, or both of a recordable instrument, paper, or notice.
AB 1168 (Jones) – Access to Public Records (PDF)
AB 1168 provides that a local agency shall not disclose to the public any record that is required to be open to the public by any provision of law if that record displays more than the last four digits of any social security number. This creates a new standard for disclosure of records by local agencies including recorders and could result in limits on access to public records.
SB 216 (Cox) – Social Security Numbers on Abstract of Judgment (PDF)
SB 216 deletes the requirement that abstracts contain the social security number of the judgment debtor or party ordered to pay support, and instead requires only the last 4 digits of that person’s social security number.
SB 237 (Dutton) – Mechanics’ Liens (PDF)
Of interest to title companies, one of the provisions in SB 237 provides that a contractor who fails to timely commence a mechanics’ lien foreclosure action to execute a release of the lien within 15 calendar days of the date that the lien becomes null and void. A contractor who fails to comply with that provision would be subject to disciplinary action.
SB 346 (Dutton) – Recording Liens (PDF)
SB 346 prohibits a person from filing a lien or other encumbrance without providing evidence to the clerk of pendency of an action or the issuance of a judgment upon which the lien is based.
SB 670 (Correa) – Private Transfer Fees (PDF)
SB 670 provides that any a covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affection the transfer or sale of real property that contains a requirement that any transferee pay a fee upon transfer of the real property is a condition restraining alienation that is repugnant to the interest created and void. This bill is sponsored by the California Assoc. of Realtors.
