File #: RES 20-189    Name: Intention to Withdraw Resolution
Type: BoS Resolution Status: Passed - Clerk Recorder's Office
File created: 10/22/2020 In control: Board of Supervisors
On agenda: 11/17/2020 Final action: 11/17/2020
Title: a. Adopt a Resolution Authorizing the County, by and through the County Clerk/Recorder (CCR) to declare its intention to withdraw from the California Electronic Recording Transaction Network Authority (CERTNA) effective July 1, 2021; b. If determined to be prudent and in the best interest by the CCR, authorize the CCR to rescind its withdrawal notice and continue to participate in CERTNA; and c. If determined to be prudent to proceed with withdrawal from CERTNA, authorize the County Clerk Recorder to take any and all necessary actions to finalize the withdrawal from its participation in CERTNA and take any and all necessary actions to participate in SECURE under the Electronic Recording Delivery Act (ERDA) of 2004 pursuant to an MOU approved by County Counsel containing no less favorable terms as exist in the current CERTNA JPA.
Attachments: 1. Board Report, 2. Resolution, 3. CeRTNA JPA, 4. Item No. 38 Completed Board Order and Resolution
Title
a. Adopt a Resolution Authorizing the County, by and through the County Clerk/Recorder (CCR) to declare its intention to withdraw from the California Electronic Recording Transaction Network Authority (CERTNA) effective July 1, 2021;
b. If determined to be prudent and in the best interest by the CCR, authorize the CCR to rescind its withdrawal notice and continue to participate in CERTNA; and
c. If determined to be prudent to proceed with withdrawal from CERTNA, authorize the County Clerk Recorder to take any and all necessary actions to finalize the withdrawal from its participation in CERTNA and take any and all necessary actions to participate in SECURE under the Electronic Recording Delivery Act (ERDA) of 2004 pursuant to an MOU approved by County Counsel containing no less favorable terms as exist in the current CERTNA JPA.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:

a. Adopt a Resolution Authorizing the County, by and through the County Clerk/Recorder (CCR) to declare its intention to withdraw from the California Electronic Recording Transaction Network Authority (CERTNA) effective July 1, 2021;
b. If determined to be prudent and in the best interest by the CCR, authorize the CCR to rescind its withdrawal notice and continue to participate in CERTNA; and
c. If determined to be prudent to proceed with withdrawal from CERTNA, authorize the County Clerk Recorder to take any and all necessary actions to finalize the withdrawal from its participation in CERTNA and take any and all necessary actions to participate in SECURE under the Electronic Recording Delivery Act (ERDA) of 2004 pursuant to an MOU approved by County Counsel containing no less favorable terms as exist in the current CERTNA JPA.

SUMMARY/DISCUSSION:
The Electronic Recording Delivery Act (ERDA) of 2004 (Govt. Code Sec. 27390-27399) established a local option for electronic filing of real property instruments. ERDA requires the Attorney General to certify ...

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