HomeMy WebLinkAboutMINUTES - 11082011 - C.48RECOMMENDATION(S):
ADOPT Resolution No. 2011/461 authorizing the County Clerk-Recorder to notify upon
recording of certain documents real property owners in an effort to identify fraudulent
transactions early and refer such transactions to the District Attorney for investigation and
potential prosecution, pursuant to Government Code 27297.7, as recommended by the
Clerk-Recorder and the District Attorney.
FISCAL IMPACT:
There is no fiscal impact associated with this action. Implementation of this program will
result in cost increases to the Clerk-Recorder and District Attorney offices, but will be
funded by restricted Real Estate Fraud Prosecution funding.
BACKGROUND:
The Real Estate Fraud Prosecution fund was first established in 1995 by Senate Bill 537
and codified in Government Code Section 27388, with the purpose to investigate, deter and
prosecute real estate fraud involving recorded real estate documents. Government Code
Section 27297.7 provides that a county recorder, after receiving authorization from the local
Board of Supervisors,
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/08/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Frederick Garcia, (925)
335-7928
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: November 8, 2011
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C.48
To:Board of Supervisors
From:Stephen L. Weir, Clerk-Recorder
Date:November 8, 2011
Contra
Costa
County
Subject:Real Estate Fraud Notification Resolution
BACKGROUND: (CONT'D)
may notify real property owners when specific recordings occur against their properties.
The Contra Costa County District Attorney and Clerk-Recorder have developed a joint
program to notify property owners, which the Board authorized on August 2, 2011. If the
owner feels potential fraud may be taking place, they may contact the District Attorney's
Real Estate Fraud Unit to inquire about the details of the transaction. The goal of the
program is to identify and investigate potential fraud as early as possible.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to participate in this project will mean the Clerk-Recorder will not notify property
owners when specific documents are recorded against their properties and Contra Costa
will lose opportunities to identify potential fraud as a means to early prosecution.
CHILDREN'S IMPACT STATEMENT:
Not applicable
ATTACHMENTS
Resolution No. 2011/461