Counties: recording: real estate instruments.
Summary
Existing law authorizes the board of supervisors to adopt, by resolution, a fee of up to $3 for each recording of a real estate instrument, paper, or notice required or permitted by law to be recorded, except as specified. Existing law defines the term "real estate instrument" to mean a deed of trust, an assignment of trust, a reconveyance, a request for notice, a notice of default, a substitution of trustee, a notice of trustee sale, or a notice of rescission of declaration of default. Existing law requires a district attorney in a participating county to annually submit a report to the Legislative Analyst's Office on the effectiveness of deterring, investigating, and prosecuting real estate fraud crimes funded by the recording fee, and requires the Legislative Analyst's Office to report to the Legislature on these efforts, as specified. This bill would increase the highest fee that may be charged to $10 and would also include in the definition of "real estate instrument" an amended deed of trust, an abstract of judgment, an affidavit, an assignment of rents, an assignment of a lease, a construction trust deed, covenants, conditions, and restrictions (CC&Rs) , a declaration of homestead, an easement, a lease, a lien, a lot line adjustment, a mechanics lien, a modification for deed of trust, a notice of completion, a quitclaim deed, a subordination agreement, a trustee's deed upon sale, and any Uniform Commercial Code amendment, assignment, continuation, statement, or termination. The bill would repeal the specific reporting requirement from county district attorneys to the Legislative Analyst's Office and from the Legislative Analyst's Office to the Legislature.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2012
Committee Review
Jun 2012
Senate Passage
May 2012
Assembly Passage
Jun 2012
Signed into Law
Jul 2012
Introduced Feb 24, 2012
Signed Jul 13, 2012
Floor votes · Senate May 14, 2012 · Assembly Jun 25, 2012
How they voted
24–6
Passed · 1 other
Total votes 31
May 14, 2012
D
Democratic20
100% Yea
R
Republican11
54% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
22
Key actions
6
Committee
4
Amendments
2
Jul 13, 2012
Signed into law
Approved by the Governor.
legislature
Jun 28, 2012
Upper · Passed
Assembly amendments concurred in. (Ayes 26. Noes 7.) Ordered to engrossing and enrolling.
upper
Jun 25, 2012
Assembly · Passed
Assembly Vote: pass (49-15-6)
assembly
Jun 25, 2012
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Jun 13, 2012
Lower · Passed
From committee: Do pass. (Ayes 7. Noes 2.) (June 13).
lower
May 25, 2012
Committee
Referred to Com. on L. GOV.
lower
May 14, 2012
Senate · Passed
Senate Vote: pass (24-6-1)
senate
May 7, 2012
Upper · Passed
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3390.) (May 2).
upper
Mar 8, 2012
Committee
Referred to Com. on GOV. & F.
upper
Feb 24, 2012
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 1 co-sponsor
Sponsors
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