Re-Recording Requirements

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Effective January 1, 2017, pursuant to Assembly Bill 1974, Each instrument, paper, or notice that is re-recorded shall be executed and acknowledged or verified as a new document, in addition to any previous execution and acknowledgment or verification, unless any of the following apply:

  • The instrument, paper, or notice is otherwise exempted by Section 27287 or any other law.
  • The instrument, paper, or notice is presented solely to correct a recording sequence.
  • The instrument, paper, or notice is presented solely to make a minor correction with a corrective affidavit. The corrective affidavit shall satisfy all of the following:
    1. Be attached to the original recorded instrument, paper, or notice
    2. Set out the information corrected
    3. Be certified by the party submitting the affidavit under penalty of perjury
    4. Be acknowledged pursuant to Section 27287

“Minor correction” includes any of the following:

  • Incorrect or missing address of the party to which the instrument, paper, or notice is to be returned following recording pursuant to Section 27361.6
  • Clarification of illegible text pursuant to Section 27361.7
  • Incorrect or missing printed or typed name of an individual or entity near the signature pursuant to Section 27280.5
  • Incorrect or missing documentary transfer tax amount due pursuant to Section 11932 of the Revenue and Taxation Code.

Each re-recorded instrument, paper, or notice shall include a cover sheet that complies with Section 27361.6 and shall state the reason for rerecording on the cover sheet.

This requirement has been made in accordance with the legislative amendment of Government Code section 27201.

State law prohibits us from providing assistance or advice in the preparation of legal documents.