SB 1707

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 d uly 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 notarized affidavit stating under oath the name and address of t he 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 i nsurance 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 th e 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. ON APRIL 6, 2026, THE HOUSE ADOPTED AMENDMENTS #1 AND 2 AND PASSED HOUSE BILL 1762, AS AMENDED. AMENDMENT #1 makes the following changes:  Requires the document evidencing the legal authority of someone acting on behalf of an owner of real property being transferred to be presented and recorded with the deed.  Provides that the bill does not apply to deeds filed on behalf of a governmental entity in which the government owns the property or for which the government is acquiring the interest in the property.  Provides that a county register is not liable for inadvertently registering an instrument not in compliance with the requirements of the bill. AMENDMENT #2 makes the following changes:  Requires an affidavit on a deed of conveyance of real property prepared by a title insurance company or title agent licensed in this state to be duly signed by a sworn declaration under penalty of perjury, that the preparer is a title insurance company or a title insurance agent licensed in this state.  Requires the document evidencing the legal authority acting on behalf of the owner be presented with and recorded with the deed.  Clarifies that the bill does not apply to property for which a federal, state, or local government is acquiring the interest.  Adds a title insurance company or a title insurance agency licensed in this state to the list of persons authorized to prepare a deed that may be filed by a county register.  Provides that a failure of the record to show compliance with the requirements of the bill does not affect the validity of the deed of conveyance or the validity of the registration of the deed of conveyance.  Provides that a county register is not liable for inadvertently registering an instrument not in compliance with the bill requirements. ON APRIL 9, 2026, THE SENATE SUBSTITUTED HOUSE BILL 1762 FOR SENATE BILL 1707, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 1762, AS AMENDED. AMENDMENT #1 removes House Amendment #2. ON APRIL 14, 2026, THE HOUSE NON-CONCURRED IN SENATE AMENDMENT #1. ON APRIL 16, 2026, THE SENATE REFUSED TO RECEDE FROM ITS ADOPTION OF SENATE AMENDMENT #1. ON APRIL 22, 2026, THE HOUSE REFUSED TO RECEDE FROM ITS NON-CONCURRENCE IN SENATE AMENDMENT #1 AND APPOINTED A CONFERENCE COMMITTEE.