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Bills

AB 1193: Real property: property records: personal identifying information.

  • Session Year: 2023-2024
  • House: Assembly
  • Latest Version Date: 2023-03-16

Current Status:

Failed

(2024-02-01: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

Version:

Existing law generally regulates county recorders, and requires recorders to, upon payment of proper fees and taxes, accept for recordation any instrument, paper, or notice that is authorized or required by statute, or court order to be recorded, or authorized or required to be recorded by a local ordinance that relates to the recordation of any instrument, paper, or notice that relates to real property, as specified. Existing law requires the county recorder or each county to establish a social security number truncation program in order to create a public record version of each official record, as specified.

This bill would, except as specified, require a county recorder or other county official who manages a countys property records to establish a procedure that, among other things, redacts personal identifying information from property records and only allows access to an unredacted property record in person at the office of the county recorder or other county official who manages the countys property records. By mandating a new program and higher level of service on county recorders and other county officials who manage a countys property records, this bill would impose a state-mandated local program. The bill would define personal identifying information as a property address, a home address, an assessors parcel number, and a property legal description. The bill would make related findings and declarations.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law imposes various requirements to be satisfied before exercising a power of sale under a mortgage or deed of trust, a process commonly referred to as foreclosure. When a default in payment on a mortgage or deed of trust occurs, the power of sale cannot be exercised until a notice of default is recorded, as specified, and a prescribed written or typed notice of default is sent to specified parties. Existing law requires that this notice begin with the heading Important Notice and a statement advising that if the property is in foreclosure because of a failure to make timely payments, it may be sold without court action, among other things.The bill would make nonsubstantive changes to those provisions and correct an erroneous cross reference.

News Coverage:

AB 1193: Real property: property records: personal identifying information. | Digital Democracy