(a) (1) Notwithstanding any other law, in connection with the duty of the department and the local child support agency to promptly and effectively collect and enforce child support obligations under Title IV-D, the transmission, filing, and recording of a lien record by departmental and local child support agency staff that arises pursuant to subdivision (a) of Section 4506 of this code or § 697.320 of the Code of Civil Procedure against the real property of a support obligor in the form of a digital or a digitized electronic record shall be permitted and governed only by this section.

(2) A facsimile signature that complies with the requirements of paragraph (2) of subdivision (b) of § 27201 of the Government Code shall be accepted on any document relating to a lien that is filed or recorded pursuant to this section.

Terms Used In California Family Code 17523.5

  • Contract: A legal written agreement that becomes binding when signed.
  • County: includes city and county. See California Family Code 67
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • obligor: means a person owing a duty of support. See California Family Code 17212
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150

(3) The department and the local child support agency may use the California Child Support Enforcement System to transmit, file, and record a lien record under this section.

(b) Nothing in this section shall be construed to require a county recorder to establish an electronic recording delivery system or to enter into a contract with an entity to implement this section.

(c) For purposes of this section, the following terms have the following meanings:

(1) “Digital electronic record” means a record containing information that is created, generated, sent, communicated, received, or stored by electronic means, but not created in original paper form.

(2) “Digitized electronic record” means a scanned image of the original paper document.

(Amended by Stats. 2016, Ch. 474, Sec. 23. (AB 2882) Effective January 1, 2017.)

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