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Re-Recording (GOVT – 27201(c)(1) – 27201(c)(2))

 

Each instrument, paper, or notice that is rerecorded 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: 

 

A. The instrument, paper, or notice is otherwise exempted by Section 27287 or any other law.

B. The instrument, paper, or notice is presented solely to correct a recording sequence. The intent of the parties with regard to the priority of recorded documents shall be controlling regardless of the sequence of recording by a county recorder or the sequence of recording specified in instructions given by a submitter to a county recorder. This subparagraph is declaratory of existing law, and any rerecording of documents to change the sequential numbers assigned to a document by the recorder shall not require the document to be executed and acknowledged or verified as a new document.

C. The instrument, paper, or notice is presented solely to make a minor correction with an Affidavit for Minor Correction. 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.

 

For purposes of item C, “minor correction” includes any of the following:

 

  • An 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. 

  • A clarification of illegible text pursuant to Section 27361.7.

  • An incorrect or missing printed or typed name of an individual or entity near the signature pursuant to Section 27280.5.

  • An incorrect or missing documentary transfer tax amount due pursuant to Section 11932 of the Revenue and Taxation Code.

Each rerecorded 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.