HB 1762

Present law describes the duties of the county register in recording and maintaining instruments offered for registration. This bill expands such duties by requiring the register to verify that an affidavit on a deed of conveyance of real property was duly signed by sworn declaration under penalty of perjury, if prepared by an attorney licensed to practice in this state or a title agent licensed in this state, or, if signed by the owner, a notar ized affidavit stating under oath the name and address of the preparer of the document and that the preparer is an attorney licensed to practice in this state, a title insurance agent licensed in this state, the owner of the real property being transferred, or a person with legal authority to act on behalf of the o wner of the real property being transferred. Present law provides the requirements for conveyances of property. This bill adds to the present law by generally requiring that a deed of conveyance of real property must be prepared by (i) an attorney licensed to practice in this state , (ii) a title insurance agent licensed in this state , (iii) the owner of the real property being transferred , or (iv) a person with legal authority to act on behalf of the owner of the real property being transferred . This bill also requires a deed to be recorded in the county where the property is located. However, these requirements do not apply to any of the following:  Deeds filed on behalf of the federal government, state government, or a local government, or an instrumentality of the federal government, state government, or a local government, for property owned by such government.  Deeds of trust, mortgages, or release deeds prepared by a state or national bank, savings bank, credit union, or federal farm credit association, where the financial institution possesses an interest in the property that is the subject of the property described in the deed. Further, this bill prohibits the county register from registering any deed of conveyance of real property that is not prepared by an attorney licensed to practice in this state, a title insurance agent licensed in this state, the owner of the real proper ty being transferred, or a person with legal authority to act on behalf of the owner of the real property being transferred. However, this bill clarifies that a failure of the record to show compliance with this requirement does not affect the validity o f the registration of the instrument. This bill applies to any conveyance of real property on or after July 1, 2026.