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COUNTY C)F BUTTE, STATE dF CALIF'ORNtA
Resolutic~r~ No.
RESOLUTION AUTHORIZING A FEE INCREASE FOR
THE DISTRICT ATTORNEY'S
REAL ESTATE FRAUD INVESTIGATION AND
PROSECUTION PROGRAM
WHEREAS, On August 19, 2008, the County Board of Supervisors adopted
resolution 08-110 to establish a program to reduce the victimization of residents,
unsophisticated in the complexities of property lam ;and
WHEREAS, Pursuant to Government Cade Section 27388 ("Section 27388"} the
resolution imposed a two dollar {$2) fee "to 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 from payment of recording fees to provide
additional funds for the district attorney to deter, investigate and prosecute real estate
fraud crimes"; and
WHEREAS, the state adopted SB 1396, recognizing that the number of
recordings which generate revenue for the real estate fraud program is decreasing but the
incidents of real estate fraud is increasing; and
WHEREAS, Senate Bill 1396 (SB 1396, chapter 405 to amend §27388
Goverizrnent Code) was passed into law to increase the fee from two ($2) to three ($3}
dollars effective January 1, 2009 and added three documents for imposition of fees; and
WHEREAS, "Real estate instrument" is defined far the purpose of this resolution
as a deed of mist, an assignment of deed of trust, a reconveyanee, a request for notice, a
notice of default, a substitution of trustee, a notice of trustee sale, and a notice of
rescission of declaration of default; and
oa-ts6
NOW, THEREFORE, BE IT RESOLVED that effective January 1, 2009 the
county recorder shall impose a three dollar ($3) 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 from payment of recording fees, with the funds to be
placed in a Real Estate Fraud Prosecution Trust Fund and after deduction of the of the
actual and necessary administrative costs to be retained by the eaunty recorder, referred
to in subdivision {a) Government Code § 273$8, nat to exceed 10 percent, 100 percent of
the funds shall be distributed to the District Attorney. These funds are to be used for the
exclusive 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 Kirk seconded by
Supervisor ~'Qnnelh, ,the foregoing Resolution was passed and adopted
by the Board of Supervisors of the County of Butte, State of California, this lbt" day of
December, 2008, by the fallowing vote, to wit:
AYES: Supervisors Connelly, Dolan, Kirk. Chair Josiassen and Yamaguchi
NOES: None
NOT VOTING: None
ABSENT: None
`~
CURTIJOSIASSEN, Chair
Butte County Board of Supervisors
ATTEST:
C, BRIAN HADD
Chief Admi Ir ive ~er and
Clerk of tl~ a~d,~;. ervisor;
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