(a) (1) Except as otherwise provided in subdivision (b), if an instrument, paper, or notice intended for record is executed or certified in whole or in part in a language other than English, the recorder shall not accept the instrument, paper, or notice for record.
(2) (A) A translation in English of an instrument, paper, or notice executed or certified in whole or in part in a language other than English may be presented to the county clerk for verification that the translation was performed by a certified or registered court interpreter, as described in Section 68561, or by an accredited translator registered with the American Translators Association. The translation shall be accompanied by a notarized declaration by the interpreter or translator that the translation is true and accurate, and includes the certification, qualification, or registration of the interpreter or translator. The clerk shall consult an Internet Web site maintained by the Judicial Council or the American Translators Association in verifying the certification, qualification, or registration of the interpreter or translator.
(B) Upon verification that the translation was performed by an interpreter or translator described in subparagraph (A), and that the translation is accompanied by a notarized declaration as required pursuant to subparagraph (A), the clerk shall duly make certification of that verification under seal of the county, attach the certification to the translation, and attach the certified translation to the original instrument, paper, or notice.
(C) For this verification and certification, a fee of ten dollars ($10) shall be paid to the county clerk for each document submitted for certification. The attached original instrument, paper, or notice and certified translation may be presented to the recorder, and, upon payment of the usual fees, the recorder shall accept and permanently file the instrument, paper, or notice and record the certified translation. The recording of the certified translation gives notice and is of the same effect as the recording of an original instrument, paper, or notice. Certified copies of the recorded translation may be recorded in other counties, with the same effect as the recording of the original translation, provided, however, that in those counties where a photostatic or photographic method of recording is employed, the whole instrument, paper, or notice including the foreign language and the translation, may be recorded, and the original instrument, paper, or notice returned to the party leaving it for record or upon his or her order.
(b) The provisions of subdivision (a) do not apply to any instrument, paper, or notice offered for record that contains provisions in English and a translation of the English provisions in a language other than English, provided that the English provisions and the translation thereof are specifically set forth in state or federal law.
(c) The county clerk is not required to issue a translation certificate if he or she is unable to confirm the certification, registration, or accreditation of the translator, as required in subdivision (a).
(Amended by Stats. 2018, Ch. 467, Sec. 6. (SB 1498) Effective January 1, 2019.)