Legislator Wants Real Estate Titles Cleared of Discriminatory Covenants
INDUSTRY NEWS, REAL ESTATE LEGISLATION
March 18th, 2009
Many older subdivisions in Redding have covenants in their title prohibiting property title transfer to anyone other than to those of the Caucasian race. These restrictions have been struck down by sate and federal laws but the language persists in deeds and C,C&R’s to this day. For the second time in as many years, a California legislator wants these prohibitions systematically removed from the public records.
Last year, a bill would have required county recorders across California review and delete any such restrictions from title documents before title could transfer. County recorders objected citing the high cost for attorneys that would be required to review and modify property titles and time delays necessary to carry out the cumbersome process. County officials pegged the extra cost at about $750 per property. The bill failed.
Now, this same legislator wants to accomplish his objective by placing the burden on title companies to redact the discriminatory clauses. He related the fact that he could not buy the house he lives in had laws not nullified the discriminatory covenant in his deed. Title companies currently print disclaimers on title reports that have illegal restrictions declaring they are unenforceable. Expect title companies to pass on any implementation cost to buyers and sellers if this bill becomes law.
I would prefer the offensive language remain as historical proof that once upon a time some individuals clearly violated the fundamental rights our country grants to one and all. Cleansing records of these covenants could allow future generations to deny said discriminatory practices ever took place. Not unlike some religious fanatics today claiming the Holocaust never took place.
Let the record stand as a reminder to everyone that some felt it was their legal right to dictate who lived where. Obliterating the printed record only covers up a shameful practice of decades past. Leave the record intact so we can all ponder this unfortunate chapter in our history into perpetuity.
530-224-6767 or 530-941-7492
BRAD GARBUTT
REALTOR/BROKER ASSOCIATE
REAL ESTATE PROFESSIONALS GMAC
QUARTER CENTURY LOCAL REAL ESTATE EXPERIENCE
Great post. It’s a shame to see that discrimination still continues even in the realm of real estate.
Excellent website and I’ll be sure to recommend it to all my friends and family. In fact, sending it out on my mailing list now.
I really appreciate this post. I have been looking everywhere for this! Thank goodness I found it on Bing. You’ve made my day! Thanks again