2009 California Government Code - Section 27320-27337 :: Article 4. Recording

27320.  When any instrument authorized by law to be recorded is
deposited in the recorder's office for record, the recorder shall
endorse upon it in the order in which it is deposited, the year,
month, day, hour, and minute of its reception, and the amount of fees
for recording. The recorder shall record it without delay, together
with the acknowledgements, proofs, certificates, and prior recording
data written upon or annexed to it, with the plats, surveys,
schedules, and other papers thereto annexed, and shall note on the
record its identification number, and the name of the person at whose
request it is recorded. Efforts shall be made to assign
identification numbers sequentially, but an assignment of a
nonsequential number may be made if not in violation of express
recording instructions regarding a group of concurrently recorded
instruments and if, in the discretion of the county recorder, such
assignment best serves the interest of expeditious recording.

27321.  The recorder shall endorse upon each instrument the
identification number or book and page where it is recorded, and
shall thereafter mail, or if specified to the contrary deliver, it to
the person named in the instrument for return mail, and if no such
person is named, to the party leaving it for record.
   Where any recorded instrument or document effectuating a change in
ownership is not accompanied by a change in ownership statement, the
recorder shall either include with the return of any such recorded
instrument or document a change in ownership statement as provided in
Section 480 of the Revenue and Taxation Code or specifically
identify those recorded documents not accompanied by an ownership
statement when providing the assessor with a copy of the transfer of
ownership document pursuant to Section 255.7 of the Revenue and
Taxation Code.

27321.5.  Before acceptance for recording, in addition to the
address required on each document for delivery by the recorder:
   (a) Every deed or instrument executed to convey fee title to real
property shall have noted across the bottom of the first page thereof
the name and address to which future tax statements may be mailed;
and,
   (b) Every deed of trust or mortgage with power of sale upon real
property, shall specify the address of the trustor or mortgagor, or
if more than one, the address of any one of them, and shall contain a
request by the trustor or mortgagor that a copy of any notice of
default and a copy of any notice of sale thereunder shall be mailed
to one trustor or mortgagor designated for the purpose of receiving
such notice at the address so specified;
   However, the failure to so note, or any error in noting, any such
name or address or request shall not affect the validity of the deed,
instrument, deed of trust or mortgage or the notice otherwise
imparted by recording. The provisions of this section shall not apply
to the State Lands Commission.

27322.  The recorder shall record by legible handwriting, by
typewriting, or by photographic reproduction process, in well-bound
books or by such other means as provided in this chapter, all
instruments, papers and notices the recording of which is required or
permitted by law.

27322.1.  The words "file for record" when used as a directive in
any law relating to any document to be filed in the recorders office
shall be deemed to mean "record" in the manner provided for in
Section 27322 of this code.

27322.2.  A system of microphotography, optical disk, or
reproduction by any other technique that does not permit additions,
deletions, or changes to the original document may be used by the
recorder as a photographic reproduction process to record some or all
instruments, papers, and notices that are required or permitted by
law to be recorded or filed. All reproductions shall be made in
compliance with Section 12168.7. A true copy of the document shall be
kept in a safe and separate place that will reasonably assure its
preservation for the duration of the retention prescribed by law
against loss or destruction. A true copy of the document shall be
arranged in a suitable place in the office of the recorder to
facilitate public inspection.

27322.3.  If the recorded instruments or the record books in the
office of the recorder have been microfilmed for preservation
purposes, a type of record book may be used which will permit the
removal of leaves in order that reproduction may be made in an
efficient manner.
   In order to microfilm or otherwise reproduce the record books for
preservation purposes, permanently bound record books may be
disassembled and after they have been copied such books shall be
rebound in a type of record book which will permit the removal of
leaves in order that reproduction may be made in an efficient manner.

27322.4.  The county recorder may cause any or all files or records
in his or her official custody to be microphotographed or otherwise
reproduced pursuant to Section 27322.2 as in the case of original
filings or recordings or both. Every reproduction shall be deemed and
considered an original; and a transcript, exemplification or
certified copy, as the case may be, of the original.

27323.  The recorder may segregate the instruments, papers, and
notices and record them in separate books, or sheets or rolls of film
under titles of indices provided for in Article 2 of this chapter.
   In lieu thereof the recorder may record any or all of the
instruments, papers or notices in one general series of books or film
to be called "official records." The series shall be numbered
consecutively beginning with number one. The recording of instruments
in "official records" imparts notice in like manner and effect as if
the instruments were recorded in separate books or film.
   If a system of microphotography is used to record any instruments,
papers or notices, each original roll of film thereof kept by the
recorder shall be given a separate number, and shall be called a
"book," "film," "reel," or shall be similarly designated, and each
page of such instrument, paper or notice shall be called a "page,"
"image" or similar designation. Whenever under any law it is required
that an instrument, paper, or notice be identified or referred to as
recorded in a book or page or both, it shall be sufficient for
purposes of identification and of compliance with such law that
reference be made to such instrument, paper or notice by the
designations adopted by the recorder pursuant to the provisions of
this section.

27324.  Each instrument, paper, or notice presented for recordation
shall have a title or titles indicating the kind or kinds of
documents contained therein. The recorder shall be required to index
only that title or titles captioned on the first page of a document
immediately below the space reserved for the recorder. Additional
titles may be identified and indexed at the discretion of the
recorder.

27325.  If any instrument, paper, or notice is presented and
accepted for recordation or filing without a title or an endorsement
indicating the manner of indexing, it shall be indexed as the
recorder determines.

27326.  The recorder shall file and record in the record of deeds,
grants, and transfers, certified copies of final judgments or decrees
partitioning or affecting the title or possession of real property,
any part of which is situated in his county. From the time of filing
with the recorder for record, the certified copy of the judgment or
decree imparts notice to all persons of its contents, and any
subsequent purchaser, mortgagee, and lien-holder purchases and takes
with the same notice and effect as if the copy of the decree were a
duly recorded deed, grant, or transfer.

27327.  Any instrument filed for record in the office of the county
recorder of the county where it is entitled to record and which is
copied into a book of record other than that designated by law, but
which is thereafter indexed in the proper book of indices, imparts
notice of its contents to all persons from the date of such indexing,
and any subsequent purchaser, mortgagee, lien-holder, and
encumbrancer purchases and takes with the same notice and effect as
if the instrument were copied or recorded in the proper book of
record.

27328.  Any instrument which is filed for record with the recorder
as a deed, deed of trust, mortgage, or chattel mortgage, or which is
copied into any book of deeds, deeds of trust, mortgages, or chattel
mortgages need not be again filed for record or recorded in such
office as a different instrument, but the recorder shall index the
instrument in any of the indices kept in his office upon the request
of the persons recording it and the payment to him of his legal fees
for indexing. He shall note at the foot of the actual record where
the instrument is transcribed all the indices in which it is indexed.
From the date of such indexing, the instrument imparts notice of its
contents to all persons, and any subsequent purchaser, mortgagee,
lien-holder, and encumbrancer purchases and takes with the same
notice and effect as if the instrument were copied or recorded in the
proper book of records corresponding with the indices where indexed,
notwithstanding the instrument is but once recorded or copied in the
records of the recorder.

27329.  If any record of an instrument is lost, injured, or
destroyed by conflagration or other public calamity, the recorder
shall record any instrument of writing entitled to record pursuant to
this chapter which:
   (a) Has been previously recorded in his office.
   (b) When it is presented to him for record and is duly certified
by the recorder of any other county of this State as being of record
in his office.
   In recording the instrument, the recorder shall record all
certificates attached thereto and all endorsements thereon, and if
any of the certificates or endorsements show the previous recording
in the county where the instrument or the certified copy of the
instrument is presented for record, the date appearing in the
certificate or endorsement of such record shall be taken as the date
of recording in the county, where the instrument or the certified
copy of the instrument is presented for record. Such record and
certified copy, duly certified by the recorder under his seal of
office, may be introduced in evidence with the same force and effect
as the original record or certified copy of the original record.
   The recorder shall receive for his services pursuant to this
section the same fees as he is entitled to receive for recording
instruments of like character.

27330.  On or before January 1, 1968, notices of liens for internal
revenue taxes payable to the United States and certificates of
release, discharge, subordination or nonattachment of such liens
shall be filed in the office of the county recorder of the county
within which the property subject to the lien is situated. On or
after January 2, 1968, such notices and certificates shall be filed
in the manner specified in Chapter 14 (commencing with Section 7200)
of Division 7 of Title 1 of this code.
   Certificates of redemption issued by the United States pursuant to
the Federal Tax Lien Act of 1966 shall be recorded in the office of
the county recorder of the county within which the property is
situated.
   Any of the documents referred to in this section and including a
release of right of redemption issued by the United States may be
filed or recorded without acknowledgment or further proof.

27331.  An order affecting title to or possession of real property
issued by a court in an action subject to Section 12527 may be
recorded in any of the indices described in Section 27232, 27233,
27248, 27249, 27250, or 27257.

27333.  All conveyances of real estate, except patents issued by the
State as a party, made by any public officer pursuant to law, when
recorded shall be alphabetically indexed in the "Index of Grantors,"
both in the name of the officer making the sale, and in the name of
the person owning the property so sold.

27334.  If the name of the person in whom title to real estate is
vested is changed from any cause, the recorder shall alphabetically
index the conveyance in the "Index of Grantors," both in the name by
which title was acquired and the name by which it is conveyed.

27335.  In the recording of instruments of writing required or
authorized by law to be recorded, the clerk, recorder, or other
officer whose duty it is to make the record, shall, if the
instruments have affixed to them any stamp purporting to be in
accordance with any law of the United States, make a scroll in the
margin of the record in the place of the stamp and enter upon the
record within the scroll the amount in value of the stamp and the
marks of cancellation.
   A certified copy of the record so made is prima facie evidence of
the original stamp, and that the stamp was affixed on the original
instrument prior to filing the instrument for record in the manner
and to the purport indicated on the record or certified copy.

27336.  County recorders shall accept form books or blanks from any
incorporated water users' association organized to secure the
benefits of an act of Congress approved June 17, 1902, known as the
"Reclamation Act," to be used for the purpose of recording the
following:
   (a) Agreements with the United States, or with such water users'
association in connection with land affected by the projects provided
for by the act.
   (b) Subscription agreements or transfers of the capital stock of
such water users' associations.
   (c) Other documents required to be recorded by such associations.

27337.  If any military veteran requests the recordation in any
county in this state of any military discharge document, including a
veteran's service form DD214, the county recorder shall require the
veteran to sign a form stating the following:

   "I, the undersigned, hereby acknowledge that I am informed that by
recording the attached military discharge document, all information
referenced within it becomes part of the official record of this
county, and that this information is open to inspection by any
person."

  _______________ ___________________ ______________
     Print Name        Signature           Date

27337.  (a) If any military veteran requests the recordation in any
county in this state of any military discharge document, including a
veteran's service form DD214, the county recorder shall require the
veteran to sign a form stating the following:

   "I, the undersigned, hereby acknowledge that I am informed that by
recording the attached military discharge document, all information
referenced within it becomes part of the official record of this
county, and that this information is open to inspection by any
person."

  _______________ ___________________ ______________
     Print Name        Signature           Date

   (b) No copy of a recorded military discharge document may be
issued except as provided by Section 6107.