Relating to the filing or recording of documents or instruments conveying or purporting to convey an interest in real or personal property.

Contracts

• Underlying Agreements: Ensure every instrument intended for recording (liens, deeds) is backed by a separate, signed contract with the property owner. The law specifically cites a "contract containing the signature of the property owner" as the primary rebuttal to a fraud accusation.
• Vendor Agreements: Update service level agreements (SLAs) with third-party filing services and couriers. You must indemnify them against delays caused by clerk rejection and require them to carry "proof packages" (copies of underlying contracts) to the recorder's office.

Hiring/Training

• Courier Protocol: "Drop and run" filing is prohibited for non-exempt entities. Couriers must be trained to present supporting documentation immediately upon a clerk's challenge.
• Staff Credentials: If you claim the professional exemption (Tier 1), staff filing in-person must carry proof of employment by the licensed attorney or title company (e.g., firm credentials or an authorization letter on letterhead).

Reporting & Record-Keeping

• The "Proof Package": Create a workflow where every recordable instrument is paired with a certified copy of the underlying contract.
• Confidentiality Management: Be prepared to submit these contracts to the clerk. Note that under SB647, this supporting documentation is deemed confidential and is not subject to public disclosure. You do not need to redact proprietary pricing data from the proof copy provided to the clerk.

Fees & Costs

• Rejection Costs: Budget for increased operational costs regarding rejected filings. While statutory filing fees remain unchanged, the cost of delay—losing lien priority while retrieving documentation—is significant.
• Legal Review: Allocating budget for in-house counsel to review "implied consent" filings is necessary, as these are now high-risk for rejection.