County officers: recorder: record correction.

(1) 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 provided. Existing law requires the recorder to maintain various indices of specified documents and records. This bill would authorize a person of or related to the record to request that the recorder correct the information contained in an index of a record. The bill would require the recorder to correct that index entry, as specified, if the person making the request provides sufficient evidence to the recorder to determine that there is an error in the index that needs to be corrected. (2) Existing law provides for liability, including treble damages under specified circumstances, for a recorder to whom an instrument is proved or acknowledged or any paper or notice which may be recorded is delivered for record if the recorder commits specified acts, including neglecting or refusing to make the proper entries in the required indices and altering, changing, obliterating, or inserting any new matter in any records deposited in the recorder's office. This bill would eliminate the liability of a recorder for altering, changing, obliterating, or inserting any new matter in any records deposited in the recorder's office when the recorder is correcting an indexing error. The bill would instead make the recorder liable for neglecting and refusing to make proper entries in the required indices. The bill would provide that liability for neglecting to make proper entries in the required indices does not prohibit a recorder from correcting an indexing error. The bill would also make the recorder liable for failing to correct an indexing error, as specified. (3) By adding to the duties of a county recorder, this bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.