HomeMy WebLinkAbout08-110~~ ;.
BOAf~'Q Off' SUP:ERVI~OR~ ~ ~.: ~~
~C~3kINTY OF ~f~I~TTE, STATE OF CAL.IF'ORfyIA
Kc~snltrlic~n No. pg_ll0
RESOLUTION AU"i'1~ORI"LING "fHE DISTRIC'T' A"fTORNEY'S
REAL ESTATE FRAUD INVESTIGATION AND
PROSECUTION PROGRAM
WHEREAS, "fhc County of Butte is in need of a program to reduce the
victimisation of residents, unsophisticated i-7 the complexities of property law; and
WHEREAS, Government Codc Section 27388 ("Section 27388") provides that
counties may authorise, upon adoption of a resolution, a two dollar fee which shall be
paid at the time of recording of every real estate instrument, paper, or notice required or
permitted by law to be recorded within the county, except those expressly exempted Ti-om
payment of recording fees to provide additional funds for the district attorney to deter,
investigate and prosecute real estate; fraud crimes; and
WHEREAS, "Real estate instrument" is defined for the purpose of this section as
a deed of trust, an assignment of deed of trust, a reconveyance, a request for notice and a
notice of default; and
WHEREAS, Section 27388 (b) states, "in those counties where the investigation
of real estate TTaud is done exclusively by the district attorney, after deduction of the
actual and necessary administrative costs to be retained by the county recorder, referred
to in subdivision (a), not to exceed 10 percent, 100 percent of the funds shall be
distributed to the district attorney; and
WHEREAS, The investigation of real estate fraud in Butte County is done
exclusively by the district attorney; and
WHEREAS, The district attorney will provide an annual report to the board of
supervisors as defined in Section 27388 (d);
NOW, THEREFORE, BE I"1, RESOLVED that ef~eetive September 1, 2008 the
county recorder shall impose a two dollar ($2) fee at the time of recording of every real
estate instrument, paper, or notice recorded in Butte County as defined in Section 27388,
except those expressly exempted fro-n payment of recording fees, with the funds to be
placed in a Rcal Estate Fraud Prosecution Trust Fund and at}cr deduction of the of the
actual and necessary administrative costs to be retained by the county recorder, referred
to in subdivision (a),
not to exceed l0 percent, l00 percent of the funds steal] be distributed to the district
attor~~cy, These funds arc t« be used for the eac~usivc purpose of deterring, investigating
and prosecuting real estate fraud crimes.
BE IT FURTHER RESOLVED that funds received hereunder shall not be used to
supplant expenditures controlled by this body.
On a motion by Supervisor Connell~___ ___ _ seconded by
Supervisor __ Yamaguchi , the foregoing Resolution was passed and adopted
by the Board of Supervisors of the County of Butte, State of California, this _19th day
of August , 2008, by the following vote, to wit:
AYES: Supervisors Connelly, Kirk, Dolan, Yamaguchi, and Chair Josiassen
NOES: None
NOT VOTING: None
ABSENT: gone
CURT JOSIASSEN, Chair
Butte County Board of Supervisors
ATTEST:
C. BRIAN HADDIX,1
Chief Administrative Officef and
Clerk of the Board of supervisors
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By: _~_ (~,~, ~ , ~~ _ __
Deputy
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