California Government Code 27397.5 – (a) A county recorder may include in the county’s electronic …
(a) A county recorder may include in the county’s electronic recording delivery system a secure method for accepting for recording a digital or digitized electronic record that is an instrument of reconveyance, substitution of trustee, or assignment of deed of trust.
(b) A county recorder may contract with a title insurer, as defined in § 12340.4 of the Insurance Code, underwritten title company, as defined in § 12340.5 of the Insurance Code, an entity of state, local, or federal government, or an institutional lender, as defined in § 50003 of the Financial Code, or their authorized agents, to be an authorized submitter of the documents specified in subdivision (a).
Terms Used In California Government Code 27397.5
- Contract: A legal written agreement that becomes binding when signed.
- County: includes city and county. See California Government Code 19
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Instrument: as used in this chapter , means a written paper signed by a person or persons transferring the title to, or giving a lien on real property, or giving a right to a debt or duty. See California Government Code 27279
- State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
- Trustee: A person or institution holding and administering property in trust.
(c) With respect to the electronic submission of the records described in subdivision (a), the requirements that an authorized submitter be subject to a security audit under Section 27394 and a criminal records check under Section 27395 shall not apply where the certification requirements of subdivision (d) have been met.
(d) (1) In order for subdivision (c) to apply, the county recorder and the Attorney General shall certify that the method of submission allowed under the system will not permit an authorized submitter or its employees and agents, or any third party, to modify, manipulate, insert, or delete information in the public record, maintained by the county recorder, or information in electronic records submitted pursuant to subdivision (b) of Section 27391.
(2) Certification under this section may be withdrawn by either the county recorder or the Attorney General at any time either determines that the requirements of this subdivision are not met.
(e) For purposes of this section, an agent of an authorized submitter shall not include a vendor of electronic recording delivery systems.
(Added by Stats. 2004, Ch. 621, Sec. 2. Effective September 21, 2004.)