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Clerk-Recorder Office Redacting Unlawful Language

Even though they were outlawed decades ago, property documents and deeds with discriminatory language still can’t be removed from clerk-recorder offices in California, once they’re recorded. But the language can be removed. And now a bill signed into law last year by Governor Newsom mandates it. It now requires all such offices to develop plans. They’re called “Restrictive Covenant Modification” programs. The deadline for implementation was July first. Nevada County Clerk-Recorder Greg Diaz describes a “restrictive covenant”, as it relates to housing, as banning the lease, rental, or use of a property for racial or religious reasons, mostly…

click to listen to Greg Diaz

Diaz says the new law also makes it easier for a person with an ownership interest to record a “Restrictive Covenant Modification”. That includes waiving fees and requiring title companies, realtors, and specified others who know of such a restriction, to notify an owner or prospective owner and inform them of their right to use the process…

click to listen to Greg Diaz

The bill also authorizes counties to impose a two-dollar fee on all property recordings, in order to fund the redaction program.

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