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No, the new Recording Fee is charged in addition to previous recording charges collected by county recorders.
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The new fee is an additional charge passed by the legislature and signed by the governor to fund Building Homes and Jobs Act. The fee is assessed at the time documents are recorded into the public record with the County Recorder’s Office.
Effective January 1, 2018, the recording fee becomes due at the time an instrument, paper or notice is recorded with the county recorder’s office that is not otherwise exempt.
No, the Building Homes and Jobs Act Recording Fee is charged on real estate instruments, papers or notices permitted by law to be recorded unless otherwise exempt.
The new legislation defines this as a document relating to real property and includes, but is not limited to the following: deed, grant deed, trustee’s deed, deed of trust, reconveyance, quit claim deed, fictitious deed of trust, assignment of deed of trust, request for notice of default, abstract of judgment, subordination agreement, declaration of homestead, abandonment of homestead, notice of default, release or discharge, easement, notice of trustee sale, notice of completion, UCC financing statement, mechanic’s lien, maps, and covenants conditions and restrictions.
The additional fee is $75.00 per instrument, paper or notice per each single transaction per parcel of real property.
The Recorder’s Association has defined transaction as “instruments, papers, or notices presented together and related to the same parties and property transfer (DRIM).
Yes. The maximum aggregate housing fee charge for real estate instrument, paper or notice recorded in a single transaction is $225.00.
Yes. The following real estate instruments, papers or notices are exempt from the additional Recording Fee:
Those transfers subject to and paying documentary transfer tax (DTT) at the time of recording;
Those recorded concurrently in connection with a transfer subject to DTT;
Those recorded concurrently in connection with a transfer of real property that is a residential dwelling to an owner-occupier;
Those which are not related to real property;
Documents recorded concurrently in connection with a transfer for which the maximum $225 fee has been collected;
Those which are expressly exempt pursuant to Government Code section 27383.
After the maximum Building Homes and Jobs Act Recording Fee of $225 has been met, the document submitter must expressly note that the document is exempt because imposition of the fee would exceed the $225 cap.
The instrument with documentary transfer tax stamped and paid on it is self-evident, and requires no additional stamp.
The Recorder interprets “in connection with” to mean documents involving the same parties and/or same property that are recorded concurrently. Documents recorded concurrently will have to include an exemption indicating they are part of an exempt transaction.
All instruments necessary to transfer ownership, relinquish debt, and secure new debt recorded in a single transaction will be considered to be in connection with an exempt transfer, if an exemption is declared and presented with the document.
For a real estate instrument paper or notice to be considered recorded “in connection with” a transfer of real property that is a residential dwelling to an owner-occupier, will be interpreted to mean documents involving the same parties and/or same property that are recorded concurrently.
Documents with multiple titles will be charged per title. For example:
(1) Substitution of Trustee and Full Reconveyance (2 titles): The fee is $75 x 2 titles = $150.
(2) Assignment, Substitution of Trustee, Reconveyance Agreement (4 titles): The fee is $225.
One $75 fee would be charged for a single transaction regardless of the number of parcels.
An additional $75 Building Homes and Jobs Act Recording Fee would be due to record the CCRs.
Yes, previously recorded documents being re-recorded to correct a previous omission or error are subject to an Building Homes and Jobs Act Recording Fee charge. Minor corrections pursuant to Government Code section 27201 (c)(1)(B) and (c)(1) (C) are exempt.
Yes, documents recorded after January 1st, 2018 related to transactions closed prior to that date will be charged the $75 Building Homes and Jobs Act Recording Fee, regardless if the overall transaction was otherwise exempt. The fee applies to all documents submitted on or after January 1, 2018.