Agenda

Return

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

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,

BY:	, Deputy

RECOMMENDATION(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, 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