text:
(a) “Instrument,” as used in this chapter, means a written paper signed by a person or persons transferring the title to, or giving a lien on real property, or giving a right to a debt or duty.

(b) The recorder of any county may, in lieu of a written paper, accept for recording digitized images, digital images, or both, of a recordable instrument, paper, or notice if both of the following conditions are met:

(1) The image conforms to all other applicable statutes that prescribe recordability, except the requirement of original signatures in subdivision (b) of Section 27201.

(2) The requester and addressee for delivery of the recorded images are the same and can be readily identified as a local or state government entity, or an agency, branch, or instrumentality of the federal government.

history: (History: Amended by Stats. 2007, Ch. 277, Sec. 1. Effective January 1, 2008.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 6. Recorder > 3. Documents to be Recorded


kind: section

code: GOV

text:
(a) The recorders of San Bernardino County and Orange County may accept, in lieu of a written paper document, a digitized image of a recordable instrument if both of the following conditions are met:

(1) The requester and addressee for delivery of the recorded image meets the criteria set forth in either Section 27279.2 or 27279.3.

(2) The county recorder determines that accepting electronically recorded documents from the requester is in the best interest of the county and the public. Factors the county recorder shall consider include, but are not limited to, both of the following:

(A) Whether or not the volume and quality of digitized instruments submitted by the requester will be sufficient to warrant electronic recordation.

(B) Whether, in order to protect the county and the public, the requester has effective security precautions addressing potential fraud and forging of documents in the electronic recordation process.

(b) The Legislature finds and declares that, because of the unique circumstances applicable to the counties referenced in subdivision (a), as regards the present ability of these counties to process digitized images for electronic recordation, a statute of general applicability cannot be enacted within the meaning of subdivision (b) of Section 16 of Article IV of the California Constitution.

history: (History: Repealed and added by Stats. 1998, Ch. 463, Sec. 3. Effective January 1, 1999.)

division: 2. OFFICERS

title: 3. GOVERNMENT OF COUNTIES

chapter: 6. Recorder

article: 3. Documents to be Recorded


text: For purposes of Section 27279.1, the requester and addressee for delivery of a recorded image may record a digitized image of a recordable instrument if it is an entity, agency, branch, or instrumentality of the state or federal government qualifying under either Section 27279 of this code or Section 2106.5 of the Code of Civil Procedure.

history: (History: Added by Stats. 1998, Ch. 463, Sec. 4. Effective January 1, 1999.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text:
(a) A requester and addressee for delivery of a recorded image may record a digitized image of a recordable instrument if the requester meets the conditions set forth in paragraph (2) of subdivision (a) of Section 27279.1.

(b) This section shall become operative on January 1, 2000.

history: (History: Repealed (in Sec. 5) and added by Stats. 1998, Ch. 463, Sec. 6. Effective January 1, 1999. Section operative January 1, 2000, by its own provisions.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text:
(a) The California Attorney General shall appoint an Electronic Recordation Task Force consisting of voluntary representatives from governmental agencies and industry groups specified in subdivision (b) who shall meet on a regular basis to address the technical, legal, security and economic issues associated with electronic recordation. The task force shall make recommendations regarding all of the following:

(1) In addition to requesters qualifying under Section 27279.2, which persons and entities should be authorized to digitize and record documents electronically after January 1, 2000, in order to limit real property fraud, forgery, and consumer risks associated with electronic recordation and provide a cost benefit to the county.

(2) Guidelines for the standardization of both software and hardware used by counties to ensure maximum efficiency, cost-effectiveness, and maximum use of the electronic recordation process by requesters qualifying under Sections 27279.2 and 27279.3.

(3) Appropriate recording fees and other assessments to cover increased costs to both county recorders and requesters.

(b) The task force described in subdivision (a) shall consist of representatives from governmental and industry groups, including county recorders, county district attorneys, the Franchise Tax Board, Fannie Mae, the United States Internal Revenue Service, trustees, mortgage bankers, financial institutions, and the title insurance and real estate industries.

history: (History: Amended by Stats. 2001, Ch. 745, Sec. 101. Effective October 12, 2001.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text:
(a) Any instrument or judgment affecting the title to or possession of real property may be recorded pursuant to this chapter.

(b) Any instrument or document submitted for recordation which effectuates a change in ownership may be accompanied by a change in ownership statement as provided for in Section 480 of the Revenue and Taxation Code. Upon receipt of such change in ownership statement, the recorder shall transmit, as soon as possible, the original statement or true copy thereof to the county assessor along with the recorded document as required by Section 255.7 of the Revenue and Taxation Code. The change in ownership statement shall not be recorded nor open and available to public inspection and shall at all times remain confidential, except as provided in Section 408 of the Revenue and Taxation Code.

history: (History: Amended by Stats. 1979, Ch. 242.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text: The names of parties required to be indexed appearing in any instrument, paper, or notice presented for recordation shall be legibly signed, typed, or printed therein before acceptance by the county recorder. The names of all persons executing or witnessing a document shall be legibly signed or shall be typed or printed to the side of or below the signature. The absence or neglect to legibly sign, type, or print the names shall not affect the notice otherwise imparted by recording.

history: (History: Added by Stats. 1967, Ch. 56.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text:
(a) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such agreement. A violation of this subdivision shall also constitute a violation of Section 1670.12 of the Civil Code.

(b) For purposes of this section, “exclusive listing agreement” means any contract or agreement providing an exclusive right to list or sell residential real property, including:

(1) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.

(2) A contract or agreement to enter into any such agreement or arrangement.

(c) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that person’s licensing law.

history: (History: Added by Stats. 2023, Ch. 577, Sec. 3. (AB 1345) Effective January 1, 2024.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text:
(a) Deeds or grants conveying any interest in or easement upon real estate to a political corporation or governmental agency for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by its certificate or resolution of acceptance attached to or printed on the deed or grant. If a certificate of acceptance is used, it shall be in substantially the following form:This is to certify that the interest in real property conveyed by the deed or grant dated _________ from _________ to _________ , a political corporation and/or governmental agency is hereby accepted by order of the(legislative body) on (date),(or by the undersigned officer or agent on behalf ofthe (legislative body)pursuant to authority conferred by resolution of the(legislative body) adopted on (date) ,)and the grantee consents to recordation thereof by its duly authorized officer.Dated ____________________By (b) A political corporation or governmental agency, by a general resolution, may authorize one or more officers or agents to accept and consent to a deed or grant described in subdivision (a).

(c) In cases where the county tax collector files purchaser’s deeds with respect to a sale for defaulted taxes, the information contained in those documents shall be deemed to constitute compliance with this section.

(d) The requirements of this section shall not apply to a deed of trust or other security or regulatory document recorded by or on behalf of a state agency pursuant to a program or activity of the agency authorized by statute or regulation.

(e) Subdivision (a) does not apply to a revocable transfer on death deed.

(f) A revocable transfer on death deed that names a political corporation or governmental agency as a beneficiary does not transfer title to that political corporation or governmental agency unless and until the political corporation or governmental agency records a resolution of acceptance or a certificate of consent in a form substantially similar to the form prescribed in subdivision (a).

history: (History: Amended by Stats. 2021, Ch. 215, Sec. 1. (SB 315) Effective January 1, 2022.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text:
(a) Any restriction imposed upon real property on or after January 1, 1982, which restricts either the ability of the owner of real property to convey the real property or the owner of a proprietary leasehold interest to convey such interest and which is imposed by a municipal or governmental entity on real property or a proprietary leasehold interest which is not owned by the municipal or governmental entity, shall be specifically set forth in a recorded document which particularly describes the real property restricted in order to impart constructive notice of the restriction, or shall be referenced in a recorded document which particularly describes the real property restricted and which refers by page and book number to a separately recorded document in which the restriction is set forth in full.

(b) Any restriction on the ability of a person to convey real property which is subject to subdivision (a) shall be valid and enforceable only when the requirements contained in subdivision (a) have been met.

(c) Nothing in this section shall be construed, either directly or by implication, to enhance, diminish, or authorize any municipal or governmental entity to impose a restriction on the ability of a person to convey real property or a proprietary leasehold interest.

history: (History: Added by Stats. 1981, Ch. 663, Sec. 1.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text:
(a) The following documents may be recorded without acknowledgment, certificate of acknowledgment, or further proof:

(1) A judgment affecting the title to or possession of real property, authenticated by the certificate of the clerk of the court in which the judgment was rendered.

(2) A notice of support judgment, an interstate lien, a release of lien, or any other document completed and recorded by a local child support agency or a state agency acting pursuant to Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).

(3) A notice of location of mining claim.

(4) Certificates of amounts of taxes, interest and penalties due, notices of state tax liens and extensions thereof executed by the state, county, or city taxing agencies or officials pursuant to Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of the Government Code, and Sections 2191.3, 2191.4, and 11495 of the Revenue and Taxation Code, and releases, partial releases, and subordinations executed pursuant to Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of the Government Code, and Sections 2191.4, 11496, 14307, and 14308 of the Revenue and Taxation Code.

(5) Notices of lien for postponed property taxes executed pursuant to Section 16182.

(6) A release or discharge of a lien for postponed property taxes as authorized by Chapter 6 (commencing with Section 16180) of Part 1 of Division 4 of Title 2.

(7) A fixture filing as defined by paragraph (40) of subdivision (a) of Section 9102 of the Commercial Code.

(8) An order affecting title to or possession of real property issued by a court in an action subject to Section 12527, authenticated by the certificate of the clerk of the court in which the order was issued or a copy of that order authenticated by a declaration under penalty of perjury by the Attorney General or by an assistant or deputy of the Attorney General attesting that the contents of the copy are the same as the original order issued by the court.

(9) A court certified copy of a satisfaction of judgment.

(10) A certificate of correction filed pursuant to Sections 66470 and 66472.1.

(11) Any modification document, instrument, paper, or notice to remove a restrictive covenant that is in violation of Section 12955.

(b) Any document described in this section, from the time it is filed with the recorder for record, is constructive notice of the contents thereof to subsequent purchasers and mortgagees.

history: (History: Amended by Stats. 2021, Ch. 359, Sec. 4. (AB 1466) Effective January 1, 2022.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text: The record of all notices of location of mining claims made prior to March 9, 1897 in the proper office without acknowledgment, or certificate of acknowledgment, or other proof, has the same force and effect for all purposes as if the notices had been duly acknowledged or proved and certified as required by law.

history: (History: Added by Stats. 1947, Ch. 424.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text: Affidavits showing work or posting of notices upon mining claims may be recorded in the recorder’s office of the county where the mining claims are situated.

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text:
The following documents may be recorded without acknowledgment or further proof:

(a) Letters patent from the United States or from the state, executed and authenticated pursuant to existing law.

(b) Leases for the development and extraction of minerals, including oil and gas, in which the United States is the lessor, executed on behalf of the United States by the Secretary of the Interior or by any other properly authorized officer or officers.

(c) Copies of interdepartmental letters or decisions of the Department of the Interior or of any duly authorized officer or employee thereof approving assignments or surrenders of such leases or encumbrances thereon or canceling any such leases, certified by the Director of the Bureau of Land Management of the Department of the Interior, or by any duly authorized officer or employee having the custody of such letters of decisions.

(d) Copies of documents filed with the General Land Office of the Department of the Interior or in any district land office executed and acknowledged in a manner which would entitle them to be recorded and by which any interest in such leases or in the production thereunder is conveyed, assigned, encumbered or quitclaimed, certified by the officer or employee of the Department of the Interior having the custody of such documents.

When a copy of any document so certified is recorded, the record has the same force and effect as though it were the record of the original document.

history: (History: Amended by Stats. 1979, Ch. 373.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text: If letters patent have been lost or are beyond the control of any party deraigning title from them, or if for any reason they remain unrecorded, any person claiming title thereunder may cause a transcript of the copy of such letters patent kept by the government issuing them, duly certified by the officer or individual having lawful custody of the copy, to be recorded in lieu of the original, and the recorded copy has prima facie the same force and effect as the original for title or for evidence, until the original letters patent are recorded.

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text: Unless it belongs to the class provided for in either Sections 27282 to 27286, inclusive, or Section 1202 or 1203, of the Civil Code, or is a fictitious mortgage or deed of trust as provided in Section 2952 or 2963 of the Civil Code, or is a fictitious oil and gas lease as provided in Section 1219 of the Civil Code, or is a claim of lien under Section 8416 of the Civil Code or a notice of completion under Section 8182 or 9204 of the Civil Code, before an instrument can be recorded its execution shall be acknowledged by the person executing it, or if executed by a corporation, by its president or secretary or other person executing it on behalf of the corporation, or, except for any power of attorney, quitclaim deed, grant deed, mortgage, deed of trust, security agreement, or other document affecting real property, proved by subscribing witness or as provided in Sections 1198 and 1199 of the Civil Code, and the acknowledgment or proof certified as prescribed by law. This section shall not apply to a trustee’s deed resulting from a decree of foreclosure, or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, or to a deed of reconveyance.

history: (History: Amended (as amended by Stats. 2011, Ch. 269, Sec. 10) by Stats. 2012, Ch. 202, Sec. 3. (AB 2326) Effective January 1, 2013.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text: If the instrument is an agreement for sale, lease, option agreement, deposit receipt, commission receipt, or affidavit which quotes or refers to an agreement for sale, lease, option agreement, deposit receipt, commission receipt, or lease and such instrument claims to, or affects any interest in real property, it shall be executed and acknowledged or proved as provided in Section 27287 by the party who appears by the instrument to be the party whose real property is affected or alienated thereby.

history: (History: Amended by Stats. 1949, Ch. 289.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text:
All documents described in this section now or hereafter authorized by law to be recorded in the official records of a county shall contain the following information in addition to any information as may be required by law pertaining to the particular document:

(a) If the document effects or evidences a transfer or encumbrance of an interest in real property, the name or names in which the interest appears of record, except that a notice of assessment recorded pursuant to Section 3114 of the Streets and Highways Code, a notice of special tax lien recorded pursuant to Section 3114.5 of the Streets and Highways Code, and a notice of award of contract recorded pursuant to Section 5248 of the Streets and Highways Code, shall show the name or names of the assessed owners as they appear on the latest secured assessment roll.

(b) If the document releases or terminates any interest, right, or encumbrance, it shall contain or have appended thereto all of the names of those persons and entities owning the title or interest being relieved by the document, or the names of the owners of that title or interest as they appeared at the time and in the document creating the interest, right, or encumbrance.

(c) In cases where the county tax collector is filing purchaser’s deeds with respect to a sale for defaulted taxes, those documents shall be deemed to constitute compliance with this section.

No document subject to this section shall be recorded or indexed in the official records of a county unless it contains the information required by this section as well as any additional information required by law pertaining to the particular document, but the recorder may rely upon the information contained in, or appended to, the document being offered for record. The failure of any document to include all of the names required by this section shall not affect the constructive notice which would otherwise be afforded by the recording of the document. This section shall not apply to a vacation or abandonment by a public agency of a public highway or road.

(d) If a document is rerecorded, it shall comply with subdivision (c) of Section 27201.

history: (History: Amended by Stats. 2016, Ch. 406, Sec. 2. (AB 1974) Effective January 1, 2017.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text: Pursuant to Section 5029 of the Public Resources Code, after March 15, 1993, the county recorder shall record a certified resolution establishing an historical resources designation issued by the State Historical Resources Commission or a local agency, or unit thereof. For previously designated properties, the county may record the certified resolution establishing the historical resources designation upon submission.

history: (History: Amended by Stats. 1993, Ch. 672, Sec. 1. Effective January 1, 1994.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text: Whenever a notice is required by law to be recorded for any purpose, it shall be signed by the person giving notice or his agent.

history: (History: Added by Stats. 1967, Ch. 713.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text: An instrument proved and certified pursuant to Sections 1198 and 1199 of the Civil Code may be recorded in the proper office only if the original is at the same time deposited therein to remain for public inspection. In those counties where the photographic or microphotographic method of recording is employed, the original instrument, after recording, shall be delivered to the party leaving it for record at his last known address or upon his order.

history: (History: Amended by Stats. 1961, Ch. 317.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text:
(a) Notwithstanding any provision of Chapter 5 (commencing with Section 9501) of Division 9 of the Commercial Code or any other provision of law, a financing statement to perfect a security interest or agricultural lien may, at the election of the recorder and subject to the conditions of subdivision (b), be recorded instead of filed.

(b) A recorder may elect to record a financing statement if all of the following apply:

(1) The recorder employs a system of microphotography, optical disk, or other reproduction system that does not permit additions, deletions, or other changes to the permanent record of the original document.

(2) All film used in the microphotography process complies with minimum standards of quality approved by the United States Bureau of Standards and the American National Standards Institute.

(3) A true copy of the microfilm, optical disk, or other storage medium is kept in a safe and separate place for security purposes.

(c) A certified copy of any record stored or retained on microfilm, optical disk, or other reproduction system pursuant to this section shall be admissible in any court to the same extent as the original record.

history: (History: Added by Stats. 2000, Ch. 1003, Sec. 55. Effective January 1, 2001. Operative July 1, 2001, by Sec. 56 of Ch. 1003.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text:
(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).

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 6. (SB 1498) Effective January 1, 2019.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text: In all cases the recorder shall endorse the amount of the fee for recordation on the instrument, paper, or notice recorded.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 7. (SB 1498) Effective January 1, 2019.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text: Where real property acquired by a municipality or a redevelopment agency is to be transferred in accordance with an official redevelopment plan any contract for such transfer and the official redevelopment plan (or such part or parts of such contract or plan as the municipality or agency may determine) may be recorded pursuant to this chapter.

history: (History: Amended by Stats. 1967, Ch. 1242.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text:
(a) The county recorder in each county shall complete a yearly statistical report of documents, including electronically transmitted documents, recorded and filed on the form described in subdivision (b). The report shall be submitted to the office of the Insurance Commissioner. Documents shall be counted and reported in the same manner without regard to method of transmission. The county recorder may either charge for copies of this report or may disburse the report without fee for public information. Certified and noncertified copies of any records issued by the county recorder shall not be included in this report.

(b) The standard statistical report form shall be substantially as follows:Documents Recorded and FiledYearDeeds Deeds of Trust and Mortgages Reconveyances Trustee’s Deeds Total number of documents recorded and filed

history: (History: Amended by Stats. 2016, Ch. 380, Sec. 1. (AB 2143) Effective January 1, 2017.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text: For purposes of this article, a certificate describing real property and any lien thereon claimed pursuant to law for the costs of abatement of a nuisance upon such property, is an instrument affecting the title to or possession of such property.

history: (History: Added by Stats. 1970, Ch. 613.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text:
(a) Upon recordation of an abstract of judgment or other document creating an involuntary lien affecting the title to real property, unless the county recorder has received from the judgment creditor proof of service pursuant to subdivision (b) of a copy of the document being recorded, the county recorder may, whenever the recorded document evidencing that lien contains the address of the person or persons against whom the involuntary lien is recorded or the address of the judgment debtor’s attorney of record, within 10 days notify the person or persons or attorney of record by mail of the recordation.

(b) As an alternative to notice by the recorder, the judgment creditor or lienholder may serve upon the person or persons against whom the abstract of judgment or document creating an involuntary lien is to be recorded, a copy thereof in one of the following ways:

(1) By personal delivery. Proof of service pursuant to this paragraph shall be shown by the affidavit of the person making the service, showing the time, place, and manner of service, the name and address of the person served, and any other facts necessary to show that service was made in accordance with this paragraph. If there is no address for a person to be served known to the judgment creditor or lienholder, he or she shall append to the abstract of judgment or involuntary lien an affidavit to that effect.

(2) By leaving it at the person’s residence or place of business in the care of some person in charge. Proof of service pursuant to this paragraph shall be shown by the affidavit of the person making the service, showing the time, place, and manner of service, the name and address of the person served, together with the title or capacity of the person accepting service, and any other facts necessary to show that service was made in accordance with this paragraph.

(3) By registered or certified mail, postage prepaid, addressed to the person’s residence or place of business. This service is complete at the time of mailing. Proof of service pursuant to this paragraph shall be shown by an affidavit setting forth the fact of service, the name and residence or business address of the person making this service, showing that he or she is a resident of, or employed in, the county where the mailing occurs, the fact that he or she is over the age of 18 years, the date and place of deposit in the mail, the name and address of the person served as shown on the envelope, and the fact that the envelope was sealed and deposited in the mail, with the postage thereon fully prepaid, and sent by registered or certified mail.

(c) The judgment creditor may add the actual cost of service pursuant to subdivision (b) to the judgment or involuntary lien. The costs shall not exceed the cost had the abstract of judgment or involuntary lien been recorded pursuant to subdivision (a).

(d) As used in this section, “involuntary lien” means a lien that the person or persons against whom the lien is recorded has not executed or has not consented to by contract.

(e) This section shall not apply to the recordation of any documents relating to an involuntary lien in favor of the federal government pursuant to federal law or statute or to the recordation of any state tax lien against real property.

(f) The failure of the county recorder or a judgment creditor or lienholder to notify the person or persons against whom an abstract of judgment or involuntary lien is recorded as authorized by this section shall not affect the constructive notice otherwise imparted by recordation, nor shall it affect the force, effect, or priority otherwise accorded the lien.

(g) In the event that the notice is returned to the recorder by the postal service as undeliverable, the recorder is not required to retain the returned notice.

(h) In recognition of the state and local interests served by the action made optional in subdivision (a), the Legislature encourages the county recorder to continue taking the action formerly mandated by this section. However, nothing in this subdivision may be construed to impose any liability on a local agency that does not continue to take the formerly mandated action.

history: (History: Amended by Stats. 2004, Ch. 889, Sec. 2. Effective September 29, 2004.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text:
(a) (1) Following adoption of an authorizing resolution by the Los Angeles County Board of Supervisors, the Los Angeles County Recorder, or a designee or designees authorized by the board of supervisors, may notify one or more of the following by mail:

(A) The party or parties executing a deed, quitclaim deed, or deed of trust, within 30 days of recordation.

(B) The party or parties subject to a notice of default or notice of sale, including the occupants of that property, within 5 days, but in any event no more than 14 days, of recordation.

(2) The recorder may require, as a condition of recording, that a deed, quitclaim deed, deed of trust, notice of default, or notice of sale indicate the assessor’s identification number or numbers that fully contain all, or a portion of, the real property described in the legal description. If the description contains more than one assessor’s parcel, all assessor’s parcels shall be indicated. The form of the entry shall be substantially as follows: Assessor’s Identification Number __-__-__.

(b) This section shall not apply to the recordation of any document where the federal government, or state, county, city, or any subdivision of the state acquires title.

(c) The failure of the county recorder to provide the notice as permitted by this section shall not result in any liability against the recorder or the county. In the event that the notice is returned to the recorder by the postal service as undeliverable, the recorder is not required to retain the returned notice.

(d) Where the county recorder contracts with any party or parties for the performance of the processing or the mailing of the notice, or both, as authorized by this section, the contract shall be awarded by competitive bid. The county recorder shall solicit written bids for the contract in a newspaper of general circulation in the county, and all bids received shall be publicly opened and the contract awarded to the lowest responsible bidder. If the county recorder or their designee deems the acceptance of the lowest responsible bid is not in the best interest of the county, all bids may be rejected.

(e) If the board of supervisors adopts an authorizing resolution, pursuant to subdivision (a), that includes notification of the parties described in subparagraph (B) of paragraph (1) of subdivision (a), the County of Los Angeles shall, on or before January 1, 2029, submit a report to the Senate Committee on Judiciary and the Assembly Committee on Local Government that shall include, but not be limited to, the following information covering the period of time between December 1, 2013, and November 1, 2028:

(1) A copy of each type of notice mailed pursuant to subparagraph (B) of paragraph (1) of subdivision (a).

(2) The number of filed notices of default and notices of sale for which a fee was collected pursuant to Section 27387.1.

(3) The amount of fees collected, pursuant to Section 27387.1, for the filing of notices of default and notices of sale.

(4) The amount of fees spent to provide housing information, counseling, and assistance, described in Section 27387.1.

(5) Documented examples showing how the county’s homeowner notification program led to successful investigations of real estate fraud activity, referrals to prosecuting agencies, avoided foreclosures, or helped property owners and residents avoid falling victim to real estate fraud.

(6) An evaluation of whether the county’s homeowner notification program, in comparison to other available policy tools in the County of Los Angeles, is a cost-effective approach to combating real estate fraud and reducing foreclosures.

(7) An evaluation of whether the county’s homeowner notification program is an effective way to inform tenants of an impending foreclosure and to combat abusive post-foreclosure practices by property owners.

(8) An assessment of how the county’s homeowner notification program compares to real estate fraud and foreclosure prevention programs being implemented in at least three other large, urban California counties.

(f) This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date.

history: (History: Amended (as amended by Stats. 2014, Ch. 65, Sec. 1) by Stats. 2019, Ch. 165, Sec. 1. (AB 1106) Effective January 1, 2020. Repealed as of January 1, 2030, by its own provisions. See later operative version, as amended by Sec. 2 of Stats. 2019, Ch. 165.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text:
(a) Following the adoption of an authorizing resolution by the Los Angeles County Board of Supervisors, the Los Angeles County Recorder may, within 30 days of recordation of a deed, quitclaim deed, or deed of trust, notify the parties executing the document by mail. The recorder may require, as a condition of recording, that a deed, quitclaim deed, or deed of trust indicate the assessor’s identification number or numbers that fully contain all, or a portion of, the real property described in the legal description. If the description contains more than one assessor’s parcel, all assessor’s parcels shall be indicated. The form of the entry shall be substantially as follows: Assessor’s Identification Number __-__-__.

(b) This section shall not apply to the recordation of any document where the federal government, or state, county, city, or any subdivision of the state acquires title.

(c) The failure of the county recorder to provide the notice as permitted by this section shall not result in any liability against the recorder or the county. In the event that the notice is returned to the recorder by the postal service as undeliverable, the recorder is not required to retain the returned notice.

(d) Where the county recorder contracts with any party or parties for the performance of the processing or the mailing of the notice, or both, as authorized by this section, the contract shall be awarded by competitive bid. The county recorder shall solicit written bids for the contract in a newspaper of general circulation in the county, and all bids received shall be publicly opened and the contract awarded to the lowest responsible bidder. If the county recorder or their designee deems the acceptance of the lowest responsible bid is not in the best interest of the county, all bids may be rejected.

(e) This section shall become operative on January 1, 2030.

history: (History: Amended (as amended by Stats. 2014, Ch. 65, Sec. 2) by Stats. 2019, Ch. 165, Sec. 2. (AB 1106) Effective January 1, 2020. Section operative January 1, 2030, by its own provisions.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text:
(a) On or before January 1, 2027, each county within the state shall establish a recorder notification program, in accordance with this section, and the board of supervisors of each county shall adopt an authorizing resolution for these purposes.

(b) (1) Following adoption of an authorizing resolution by the board of supervisors, the county recorder shall, within 30 days of recordation of a deed, quitclaim deed, mortgage, or deed of trust, notify by mail the party or parties executing the document. The notification shall be sent to the address for mailing tax bills that was established prior to the recording of the document.

(2) The recorder may require, as a condition of recording, that a deed, quitclaim deed, mortgage, or deed of trust indicate the assessor’s identification number or numbers that fully contain all, or a portion of, the real property described in the legal description. If the description contains more than one assessor’s parcel, all assessor’s parcels shall be indicated. If assessor’s identification numbers are required, they shall be listed on the first page of the document. The recorder may rely on the assessor’s identification numbers as indicated on the document. The form of the entry shall be substantially as follows:

Assessor’s Identification Number __-__-__.

(3) In addition to the mailed notice required by paragraph (1), the county recorder may establish an electronic notification program that notifies parties upon recording of a deed, quitclaim deed, mortgage, or deed of trust.

(c) This section shall not apply to the recordation of any document where the federal government, or state, county, city, or any subdivision of the state is the grantee.

(d) The failure of the county recorder to provide the notice as permitted by this section shall not result in any liability against the recorder or the county. In the event that the notice is returned to the recorder by the postal service as undeliverable, the recorder is not required to retain the returned notice.

(e) Where the county recorder contracts with any party or parties for the performance of the processing or the mailing of the notice, or both, as authorized by this section, the contract shall be awarded by competitive bid. The county recorder shall solicit written bids for the contract in a newspaper of general circulation in the county, and all bids received shall be publicly opened and the contract awarded to the lowest responsible bidder. If the county recorder or their designee deems the acceptance of the lowest responsible bid is not in the best interest of the county, all bids may be rejected.

(f) In addition to any other recording fee, the board of supervisors may authorize the county recorder to collect a fee from the party filing a deed, quitclaim deed, mortgage, or deed of trust for the cost of implementing the program pursuant to this section. The fee shall not exceed the reasonable costs of services of the county to provide a recorder notification program and to comply with this section. This fee shall not be charged until at least 120 days following the establishment of the fee and public notification of the fee and the effective date.

(g) This section shall not apply to a county that operates a notification program pursuant to Section 27297.6.

history: (History: Repealed and added by Stats. 2025, Ch. 351, Sec. 2. (SB 255) Effective January 1, 2026.)

title: 3. GOVERNMENT OF COUNTIES

article: 3. Documents to be Recorded


text:
As used in this article, the following terms have the following meanings:

(a) “Official record” means the permanent archival record of all instruments, papers, and notices as accepted for recording by a county recorder.

(b) “Public record” means a record that is in an electronic format and is an exact copy of an official record except that any social security number contained in the copied record is truncated. The public record shall have the same legal force and effect as the official record.

(c) “Truncate” means to redact the first five digits of a social security number.

(d) “Truncated social security number” means a social security number that displays only the last four digits of the number.

history: (History: Added by Stats. 2007, Ch. 627, Sec. 8. Effective January 1, 2008.)

title: 3. GOVERNMENT OF COUNTIES

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 6. Recorder > 3.5. Social Security Number Truncation Program


text:
(a) The county recorder of each county shall establish a social security number truncation program in order to create a public record version of each official record.

(1) The program shall include both of the following components, which the recorder shall implement concurrently:

(A) For each official record recorded between January 1, 1980, and December 31, 2008, the recorder shall create in an electronic format an exact copy of the record except that any social security number contained in the copied record shall be truncated. In order to create a public record copy, the recorder shall first truncate the social security numbers in all records that already exist in an electronic format and then create an electronic version of all other records and truncate social security numbers contained in those records. Each group of records shall be handled in descending chronological order.

(B) For each official record recorded on or after January 1, 2009, the recorder shall create a copy of that record in an electronic format and truncate any social security number contained in that record.

(2) The program may include a component for each official record recorded before January 1, 1980, pursuant to which the county recorder may create a copy of that record in an electronic format and truncate any social security number contained in that record.

(b) Nothing in this article shall be construed to restrict, delay, or modify access to any official record, or modify any existing agreements regarding access to any official record, prior to the creation and availability of a public record version of that official record. A county recorder shall not charge any new fee or increase any existing fees in order to fund the social security number truncation program pursuant to this article, except as provided in subdivision (d) of Section 27361.

(c) Notwithstanding paragraph (1) of subdivision (a), a county recorder shall not be required to create a public record version of an official record if the fee authorized in Section 27304 is determined by the recorder to be insufficient to meet the cost of creating the public record version. In that case, the county recorder shall determine whether the fee is sufficient to meet the cost of creating a public record version of only a fraction of the official records described in paragraph (1) of subdivision (a). If the fee is sufficient to meet the cost of creating a public record version of a fraction of the official records, the recorder shall be required to create a public record version of that fraction only.

history: (History: Amended by Stats. 2017, Ch. 621, Sec. 1. (SB 184) Effective January 1, 2018.)

title: 3. GOVERNMENT OF COUNTIES

article: 3.5. Social Security Number Truncation Program


text:
(a) A county recorder shall be deemed to be in compliance with the requirements of Section 27301 and shall not be liable for failure to truncate a social security number if he or she uses due diligence to locate social security numbers in official records and truncate social security numbers in the public record version of those official records. The use of an automated program with a high rate of accuracy shall be deemed to be due diligence.

(b) In the event that a county recorder fails to truncate a social security number contained in a public record, any person may request that the county recorder truncate the social security number contained in that record. Notwithstanding that a county recorder may be deemed to be in compliance with Section 27301 pursuant to subdivision (a), a county recorder that receives a request that identifies the exact location of an untruncated social security number within a specifically identified public record, shall truncate that number within 10 business days of receiving the request. The public record with the truncated social security number shall replace the record with the untruncated number.

title: 3. GOVERNMENT OF COUNTIES


text:
When a public record version of an official record exists, both of the following shall apply:

(a) Upon a request for inspection, copying, or any other public disclosure of an official record that is not exempt from disclosure, a county recorder shall make available only the public record version of that record.

(b) A county recorder shall publicly disclose an official record only in response to a subpoena or order of a court of competent jurisdiction.

title: 3. GOVERNMENT OF COUNTIES


text: Notwithstanding Section 27303, a county recorder may provide a copy of a DD214 official record when requested by a person listed in subdivision (b) of Section 6107 and upon certification by that person that a full social security number is required to receive benefits and he or she is authorized to receive a copy as specified in that subdivision.

history: (History: Added by Stats. 2011, Ch. 382, Sec. 1.4. (SB 194) Effective January 1, 2012.)

title: 3. GOVERNMENT OF COUNTIES


text:
(a) Each county may use funds generated by fees authorized by subdivision (d) of Section 27361 to implement a social security number truncation program required by this article.

(b) No later than June 1, 2008, the county recorder of each county shall petition the board of supervisors in that county for the authority to levy the fee authorized by subdivision (d) of Section 27361.

(c) It is the intent of the Legislature that in the interest of enabling county recorders to act expeditiously to protect the privacy of Californians, counties be permitted to seek revenue anticipation loans or other outside funding sources for the implementation of a social security number truncation program to be secured by the anticipated revenue from the fee authorized by subdivision (d) of Section 27361.

title: 3. GOVERNMENT OF COUNTIES


text:
(a) To assist the Legislature in monitoring the progress of each county recorder’s social security number truncation program, the County Recorders Association of California, no later than January 1, 2009, and annually thereafter, shall submit to the chairpersons of the Assembly Committee on Judiciary and of the Senate Committee on Judiciary, and to the Office of Privacy Protection, or any successor agency, a report on the progress each county recorder has made in complying with this article.

(b) Upon the Office of Privacy Protection making a determination that all counties have completed the component of the program described in subdivision (a) of Section 27301, the report described in subdivision (a) of this section shall no longer be required.

title: 3. GOVERNMENT OF COUNTIES


text: A county recorder is authorized to take all actions required by this article notwithstanding subdivision (d) of Section 27203 or any other provision of law.

title: 3. GOVERNMENT OF COUNTIES


text: When any instrument, paper, or notice authorized by law to be recorded is deposited in the recorder’s office for record, the recorder shall endorse upon it in the order in which it is deposited, the year, month, day, hour, and minute of its reception, and the amount of fees for recording. The recorder shall record it without delay, together with the acknowledgements, proofs, certificates, and prior recording data written upon or annexed to it, with the plats, surveys, schedules, and other papers thereto annexed, and shall note on the record its identification number. Efforts shall be made to assign identification numbers sequentially, but an assignment of a nonsequential number may be made if not in violation of express recording instructions regarding a group of concurrently recorded instruments, papers, or notices and if, in the discretion of the county recorder, that assignment best serves the interest of expeditious recording.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 8. (SB 1498) Effective January 1, 2019.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 6. Recorder > 4. Recording


text:
(a) The recorder shall endorse upon each instrument, paper, or notice the identification number or book and page where it is recorded, and shall thereafter mail it to the person named in the instrument, paper, or notice for return mail, or deliver it to the party presenting it for record.

(b) Where any recorded instrument, paper, or notice effectuating a change in ownership is not accompanied by a change in ownership statement, the recorder shall either include with the return of any recorded instrument, paper, or notice a change in ownership statement as provided in Section 480 of the Revenue and Taxation Code or specifically identify those recorded documents not accompanied by an ownership statement when providing the assessor with a copy of the transfer of ownership document pursuant to Section 255.7 of the Revenue and Taxation Code.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 9. (SB 1498) Effective January 1, 2019.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text:
Before acceptance for recording, in addition to the address required on each document for delivery by the recorder, all of the following shall apply:

(a) Every deed or instrument executed to convey fee title to real property shall have noted on the first page or sheet thereof the name and address to which future tax statements may be mailed.

(b) Every deed of trust or mortgage with power of sale upon real property, shall specify the address of the trustor or mortgagor, or if more than one, the address of any one of them, and shall contain a request by the trustor or mortgagor that a copy of any notice of default and a copy of any notice of sale thereunder shall be mailed to one trustor or mortgagor designated for the purpose of receiving such notice at the address so specified.

(c) The failure to note, pursuant to subdivision (a) or (b), or any error in noting, any such name or address or request shall not affect the validity of the deed, instrument, deed of trust or mortgage or the notice otherwise imparted by recording. This section does not apply to the State Lands Commission.

history: (History: Amended by Stats. 2015, Ch. 269, Sec. 14. (SB 184) Effective January 1, 2016.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text: The recorder shall record by legible handwriting, by typewriting, or by photographic reproduction process, in well-bound books or by such other means as provided in this chapter, all instruments, papers and notices the recording of which is required or permitted by law.

history: (History: Amended by Stats. 1957, Ch. 1010.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text: The words “file for record” when used as a directive in any law relating to any document to be filed in the recorders office shall be deemed to mean “record” in the manner provided for in Section 27322 of this code.

history: (History: Added by Stats. 1957, Ch. 1010.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text: A system of microphotography, optical disk, or reproduction by any other technique that does not permit additions, deletions, or changes to the original document may be used by the recorder as a photographic reproduction process to record some or all instruments, papers, and notices that are required or permitted by law to be recorded or filed. All reproductions shall be made in compliance with Section 12168.7. A true copy of the document shall be kept in a safe and separate place that will reasonably assure its preservation for the duration of the retention prescribed by law against loss or destruction. A true copy of the document shall be arranged in a suitable place in the office of the recorder to facilitate public inspection.

history: (History: Amended by Stats. 2000, Ch. 569, Sec. 7. Effective January 1, 2001.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text:
If the recorded instruments, papers, or notices or the record books in the office of the recorder have been microfilmed for preservation purposes, a type of record book may be used that will permit the removal of leaves in order that reproduction may be made in an efficient manner.

In order to microfilm or otherwise reproduce the record books for preservation purposes, permanently bound record books may be disassembled and after they have been copied the books shall be rebound in a type of record book that will permit the removal of leaves in order that reproduction may be made in an efficient manner.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 10. (SB 1498) Effective January 1, 2019.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text: The county recorder may cause any or all files or records in his or her official custody to be microphotographed or otherwise reproduced pursuant to Section 27322.2 as in the case of original filings or recordings or both. Every reproduction shall be deemed and considered an original; and a transcript, exemplification or certified copy, as the case may be, of the original.

history: (History: Amended by Stats. 1988, Ch. 438, Sec. 2.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text:
The recorder may segregate the instruments, papers, and notices and record them in separate books, or sheets or rolls of film under titles of indices provided for in Article 2 of this chapter.

In lieu thereof the recorder may record any or all of the instruments, papers, or notices in one general series of books or film to be called “official records.” The series shall be numbered consecutively beginning with number one. The recording of instruments, papers, or notices in “official records” imparts notice in like manner and effect as if the instruments, papers, or notices were recorded in separate books or film.

If a system of microphotography is used to record any instruments, papers, or notices, each original roll of film thereof kept by the recorder shall be given a separate number, and shall be called a “book,” “film,” “reel,” or shall be similarly designated, and each page of the instrument, paper, or notice shall be called a “page,” “image” or similar designation. Whenever under any law it is required that an instrument, paper, or notice be identified or referred to as recorded in a book or page or both, it shall be sufficient for purposes of identification and of compliance with that law that reference be made to the instrument, paper, or notice by the designations adopted by the recorder pursuant to the provisions of this section.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 11. (SB 1498) Effective January 1, 2019.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text: Each instrument, paper, or notice presented for recordation shall have a title or titles indicating the kind or kinds of documents contained therein. The recorder shall be required to index only that title or titles captioned on the first page of a document immediately below the space reserved for the recorder. Additional titles may be identified and indexed at the discretion of the recorder.

history: (History: Repealed and added by Stats. 1992, Ch. 87, Sec. 3. Effective January 1, 1993. Operative July 1, 1994, by Sec. 9 of Ch. 87.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text: If any instrument, paper, or notice is presented and accepted for recordation or filing without a title or an endorsement indicating the manner of indexing, it shall be indexed as the recorder determines.

history: (History: Amended by Stats. 1967, Ch. 56.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text: The recorder shall file and record in the record of deeds, grants, and transfers, certified copies of final judgments or decrees partitioning or affecting the title or possession of real property, any part of which is situated in his county. From the time of filing with the recorder for record, the certified copy of the judgment or decree imparts notice to all persons of its contents, and any subsequent purchaser, mortgagee, and lien-holder purchases and takes with the same notice and effect as if the copy of the decree were a duly recorded deed, grant, or transfer.

history: (History: Added by Stats. 1947, Ch. 424.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text: Any instrument, paper, or notice filed for record in the office of the county recorder of the county where it is entitled to record and that is copied into a book of record other than that designated by law, but that is thereafter indexed in the proper book of indices, imparts notice of its contents to all persons from the date of indexing, and any subsequent purchaser, mortgagee, lien holder, and encumbrancer purchases and takes with the same notice and effect as if the instrument, paper, or notice were copied or recorded in the proper book of record.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 12. (SB 1498) Effective January 1, 2019.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text: Any instrument which is filed for record with the recorder as a deed, deed of trust, mortgage, or chattel mortgage, or which is copied into any book of deeds, deeds of trust, mortgages, or chattel mortgages need not be again filed for record or recorded in such office as a different instrument, but the recorder shall index the instrument in any of the indices kept in his office upon the request of the persons recording it and the payment to him of his legal fees for indexing. He shall note at the foot of the actual record where the instrument is transcribed all the indices in which it is indexed. From the date of such indexing, the instrument imparts notice of its contents to all persons, and any subsequent purchaser, mortgagee, lien-holder, and encumbrancer purchases and takes with the same notice and effect as if the instrument were copied or recorded in the proper book of records corresponding with the indices where indexed, notwithstanding the instrument is but once recorded or copied in the records of the recorder.

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text:
(a) If any record of an instrument, paper, or notice is lost, injured, or destroyed by conflagration or other public calamity, the recorder shall record any instrument, paper, or notice of writing entitled to record pursuant to this chapter that:

(1) Has been previously recorded in the recorder’s office.

(2) When it is presented to the recorder for record and is duly certified by the recorder of any other county of this state as being of record in the recorder’s office.

(b) In recording the instrument, paper, or notice the recorder shall record all certificates attached thereto and all endorsements thereon, and if any of the certificates or endorsements show the previous recording in the county where the instrument, paper, or notice or the certified copy of the instrument, paper, or notice is presented for record, the date appearing in the certificate or endorsement of the record shall be taken as the date of recording in the county, where the instrument, paper, or notice or the certified copy of the instrument, paper, or notice is presented for record. The record and certified copy, duly certified by the recorder under the seal of office, may be introduced in evidence with the same force and effect as the original record or certified copy of the original record.

(c) The recorder shall receive the same fees for services pursuant to this section as the recorder is entitled to receive for recording instruments, papers, or notices of like character.

history: (History: Amended by Stats. 2018, Ch. 467, Sec. 13. (SB 1498) Effective January 1, 2019.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text:
On or before January 1, 1968, notices of liens for internal revenue taxes payable to the United States and certificates of release, discharge, subordination or nonattachment of such liens shall be filed in the office of the county recorder of the county within which the property subject to the lien is situated. On or after January 2, 1968, such notices and certificates shall be filed in the manner specified in Chapter 14 (commencing with Section 7200) of Division 7 of Title 1 of this code.

Certificates of redemption issued by the United States pursuant to the Federal Tax Lien Act of 1966 shall be recorded in the office of the county recorder of the county within which the property is situated.

Any of the documents referred to in this section and including a release of right of redemption issued by the United States may be filed or recorded without acknowledgment or further proof.

history: (History: Repealed and added by Stats. 1967, Ch. 1068.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text: An order affecting title to or possession of real property issued by a court in an action subject to Section 12527 may be recorded in any of the indices described in Section 27232, 27233, 27248, 27249, 27250, or 27257.

history: (History: Added by Stats. 1987, Ch. 445, Sec. 4.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text: All conveyances of real estate, except patents issued by the State as a party, made by any public officer pursuant to law, when recorded shall be alphabetically indexed in the “Index of Grantors,” both in the name of the officer making the sale, and in the name of the person owning the property so sold.

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text: If the name of the person in whom title to real estate is vested is changed from any cause, the recorder shall alphabetically index the conveyance in the “Index of Grantors,” both in the name by which title was acquired and the name by which it is conveyed.

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text:
In the recording of instruments of writing required or authorized by law to be recorded, the clerk, recorder, or other officer whose duty it is to make the record, shall, if the instruments have affixed to them any stamp purporting to be in accordance with any law of the United States, make a scroll in the margin of the record in the place of the stamp and enter upon the record within the scroll the amount in value of the stamp and the marks of cancellation.

A certified copy of the record so made is prima facie evidence of the original stamp, and that the stamp was affixed on the original instrument prior to filing the instrument for record in the manner and to the purport indicated on the record or certified copy.

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text:
County recorders shall accept form books or blanks from any incorporated water users’ association organized to secure the benefits of an act of Congress approved June 17, 1902, known as the “Reclamation Act,” to be used for the purpose of recording the following:

(a) Agreements with the United States, or with such water users’ association in connection with land affected by the projects provided for by the act.

(b) Subscription agreements or transfers of the capital stock of such water users’ associations.

(c) Other documents required to be recorded by such associations.

history: (History: Amended by Stats. 1957, Ch. 954.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text:
(a) If any military veteran or any person authorized to receive a certified copy of a record pursuant to paragraph (2) of subdivision (b) of Section 6107 requests the recordation in any county in this state of any military discharge document, including a veteran’s service form DD214, the county recorder shall record the document and maintain the document information in a nonpublic index.

(b) No copy of a recorded military discharge document may be issued except as provided by Section 6107.

(c) The index of a recorded veteran’s service form DD214, provided that it was recorded on or after January 1, 1980, shall be moved to a nonpublic index at the request of the military veteran or the person authorized to receive a certified copy of a record pursuant to paragraph (2) of subdivision (b) of Section 6107.

(d) (1) Only the military veteran, or the person authorized to receive a certified copy of a record pursuant to paragraph (2) of subdivision (b) of Section 6107, may receive a copy of the recorded document contained in the nonpublic index created pursuant to subdivisions (a) and (c).

(2) Provided that the nonpublic index meets the minimum standards for protecting the confidentiality of veterans’ records specified in paragraph (1), the implementation and design of the nonpublic index shall otherwise be up to the discretion of the individual county recorder.

history: (History: Amended by Stats. 2017, Ch. 399, Sec. 2. (AB 331) Effective January 1, 2018.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text: A deed, instrument, or other document related to a conveyance that is subject to Section 8560 of the Public Resources Code shall not be recorded without a certificate from the State Lands Commission.

history: (History: Amended by Stats. 2018, Ch. 51, Sec. 9. (SB 854) Effective June 27, 2018.)

title: 3. GOVERNMENT OF COUNTIES

article: 4. Recording


text: For services performed by the recorder’s office, the county recorder shall charge and collect the fees fixed in this article.

history: (History: Amended by Stats. 2015, Ch. 269, Sec. 15. (SB 184) Effective January 1, 2016.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees

path: 3. GOVERNMENT OF COUNTIES > 2. OFFICERS > 6. Recorder > 5. Fees


text: As used in this code, the word “folio” means 100 words. Each figure, character, symbol, and initial, excluding punctuation marks, shall be regarded as a word for the purpose of computing fees by a recorder.

history: (History: Added by Stats. 1963, Ch. 22.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text:
(a) The fee for recording and indexing every instrument, paper, or notice required or permitted by law to be recorded shall not exceed ten dollars ($10) for recording the first page and three dollars ($3) for each additional page, to reimburse the county for the costs of services rendered pursuant to this subdivision, except the recorder may charge additional fees as follows:

(1) If the printing on printed forms is spaced more than nine lines per vertical inch or more than 22 characters and spaces per inch measured horizontally for not less than three inches in one sentence, the recorder shall charge one dollar ($1) extra for each page or sheet on which printing appears, except, however, the extra charge shall not apply to printed words that are directive or explanatory in nature for completion of the form or on vital statistics forms. Fees collected under this paragraph are not subject to subdivision (b) or (c).

(2) If a page or sheet does not conform to the dimensions described in subdivision (a) of Section 27361.5, the recorder shall charge three dollars ($3) extra per page or sheet of the document. The funds generated by the extra charge authorized under this paragraph shall be available solely to support, maintain, improve, and provide for the full operation for modernized creation, retention, and retrieval of information in each county’s system of recorded documents. Fees collected under this paragraph are not subject to subdivision (b) or (c).

(b) One dollar ($1) of each three dollar ($3) fee for each additional page shall be deposited in the county general fund.

(c) Notwithstanding Section 68085, one dollar ($1) for recording the first page and one dollar ($1) for each additional page shall be available solely to support, maintain, improve, and provide for the full operation for modernized creation, retention, and retrieval of information in each county’s system of recorded documents.

(d) (1) In addition to all other fees authorized by this section, a county recorder may charge a fee of one dollar ($1) for recording the first page of every instrument, paper, or notice required or permitted by law to be recorded, as authorized by each county’s board of supervisors. The funds generated by this fee shall be used only by the county recorder collecting the fee for the purpose of implementing a social security number truncation program pursuant to Article 3.5 (commencing with Section 27300).

(2) A county recorder shall not charge the fee described in paragraph (1) after December 31, 2017, unless the county recorder has received reauthorization by the county’s board of supervisors. A county recorder shall not seek reauthorization of the fee by the board before June 1, 2017, or after December 31, 2017. In determining the additional period of authorization, the board shall consider the review described in paragraph (4).

(3) Notwithstanding paragraph (2), a county recorder who, pursuant to subdivision (c) of Section 27304, secures a revenue anticipation loan, or other outside source of funding, for the implementation of a social security number truncation program, may be authorized to charge the fee described in paragraph (1) for a period not to exceed the term of repayment of the loan or other outside source of funding.

(4) A county board of supervisors that authorizes the fee described in this subdivision shall require the county auditor to conduct two reviews to verify that the funds generated by this fee are used only for the purpose of the program, as described in Article 3.5 (commencing with Section 27300) and for conducting these reviews. The reviews shall state the progress of the county recorder in truncating recorded documents pursuant to subdivision (a) of Section 27301, and shall estimate any ongoing costs to the county recorder of complying with subdivisions (a) and (b) of Section 27301. The board shall require that the first review be completed not before June 1, 2012, or after December 31, 2013, and that the second review be completed not before June 1, 2017, or after December 31, 2017. The reviews shall adhere to generally accepted accounting standards, and the review results shall be made available to the public.

(e) Except as provided in subdivision (g) of Section 6103.8, the fee authorized by this section shall not be charged to those entities exempted from the payment of recording fees under Section 6103 or 27383.

history: (History: Amended by Stats. 2021, Ch. 77, Sec. 14. (AB 137) Effective July 16, 2021.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text: Whenever two or more instruments, papers, or notices are serially incorporated on one form or sheet, or are attached to one another, except as an exhibit marked as such, each instrument, paper, or notice shall be considered to be a separate instrument, paper, or notice for the purpose of computing the fee established by Section 27361 of this code.

history: (History: Added by Stats. 1967, Ch. 56.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text:
(a) Whenever any instrument, paper, or notice is recorded that contains references to more than one previously recorded document and requires additional indexing by the county recorder to give notice required by law, an additional fee of one dollar ($1) shall be charged for each reference to a previously recorded document, other than the first such reference, requiring additional indexing. References to group mining claims listed on a proof of labor shall be considered as only one reference when they are consecutively numbered or lettered alphabetically, and each break in consecutive numbers or letters shall be considered as an additional mine for fee purposes under this section and shall be so indexed in the index.

(b) Except as provided in subdivision (g) of Section 6103.8, the fee authorized by this section shall not be charged to those entities exempted from the payment of recording fees under Section 6103 or 27383.

history: (History: Amended by Stats. 2021, Ch. 77, Sec. 15. (AB 137) Effective July 16, 2021.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text:
(a) Notwithstanding any contrary provision of the law, the fee for recording every release of lien, encumbrance, or notice executed by the state, or any municipality, county, city, district, or other political subdivision shall be two times the fee charged to record the first page of a lien, encumbrance, or notice under subdivision (a) of Section 27361, on January 1 of the year the release is recorded if the original lien, encumbrance, or notice was recorded without fee as provided by Section 27383.

(b) No fee shall be charged for recording a release of lien, encumbrance, or notice which was recorded in error by the state, or any municipality, county, city, district, or other political subdivision if there is noted on the face of the release of lien, encumbrance, or notice a statement to that effect.

(c) Two dollars ($2) for recording each release of lien pursuant to this section shall be available solely to support, maintain, improve, and provide for the full operation for modernized creation, retention, and retrieval of information in each county’s system of recorded documents.

history: (History: Amended by Stats. 2019, Ch. 329, Sec. 11. (SB 780) Effective January 1, 2020.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text:
(a) The board of supervisors of any county may provide for an additional fee of one dollar ($1) for filing every instrument, paper, or notice for record, in order to defray the cost of converting the county recorder’s document storage system to micrographics. Upon completion of the conversion and payment of the costs therefor, this additional fee shall no longer be imposed.

(b) The board of supervisors of any county may provide for an additional fee, other than the fees authorized in subdivisions (a) and (c), of one dollar ($1) for filing every instrument, paper, or notice for record provided that the resolution providing for the additional fee establishes the days of operation of the county recorder’s offices as every business day except for legal holidays and those holidays designated as judicial holidays pursuant to Section 135 of the Code of Civil Procedure.

(c) The board of supervisors of any county may provide for an additional fee, other than the fees authorized in subdivisions (a) and (b), of one dollar ($1) for filing every instrument, paper, or notice for record provided that the resolution providing for the additional fee requires that the instrument, paper, or notice be indexed within two business days after the date of recordation.

(d) Except as provided in subdivision (g) of Section 6103.8, the fees authorized by this section shall not be charged to those entities exempted from the payment of recording fees under Section 6103 or 27383.

(e) This section shall become operative on January 1, 2026.

history: (History: Amended (as amended by Stats. 2020, Ch. 370, Sec. 155) by Stats. 2021, Ch. 77, Sec. 17. (AB 137) Effective July 16, 2021. Section operative January 1, 2026, by its own provisions.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text:
(a) As used in Section 27361, a page shall be one printed side of a single piece of paper being 812 inches by 11 inches.

(b) A sheet shall be one printed side of a single piece of paper which is not exactly 812 inches by 11 inches but not greater than 812 inches by 14 inches.

history: (History: Repealed and added by Stats. 1992, Ch. 87, Sec. 6. Effective January 1, 1993. Operative July 1, 1994, by Sec. 9 of Ch. 87.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text:
Except as otherwise provided by law or regulation, all documents submitted for recording shall have at least a 12-inch margin on the two vertical sides except in the space reserved for recording information. At least the top 212 inches of the first page or sheet shall be reserved for recording information. The left-hand 312 inches of the space shall be used by the public to show the name of the person requesting recording and the name and address to which the document is to be returned following recording. In the event the first page or sheet of a document does not comply with these requirements, a separate page shall be attached by the party requesting recording to the front of the document which meets these criteria and which reflects the title or titles of the document as required by Section 27324. Any printed form accepted for recordation that does not comply with the foregoing shall not affect the notice otherwise imparted by recording.

All instruments, papers, or notices presented for recordation shall be on a quality of paper and contain print of a size and color which will reproduce legibly by microphotographic or imaging processes as set forth in Sections 26205.5 and 27322.2.

Any instrument, paper, or notice presented for recordation which in any way modifies, releases, or cancels the provisions of a previously recorded document shall state the recorder identification number or book and page of the document number being modified, released, or canceled.

history: (History: Repealed and added by Stats. 1992, Ch. 87, Sec. 8. Effective January 1, 1993. Operative July 1, 1994, by Sec. 9 of Ch. 87.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text: Whenever the text of a document presented for record may be made out but is not sufficiently legible to reproduce a readable photographic record, the recorder may require the person presenting it for record to substitute a legible original document or to prepare a legible copy of the first document by handwriting or typewriting and attach the same to the original as a part of the document for making the permanent photographic record. The handwritten or typewritten legible copy shall be certified by the party creating the copy under penalty of perjury as being a true copy of the original. As used in this section, the word “text” includes the notary seal, certificates, and other appendages thereto.

history: (History: Amended by Stats. 1981, Ch. 187, Sec. 1.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text:
(a) Whenever any instrument, paper, or notice is recorded that requires additional indexing by the county recorder to give notice required by law and does not refer to a previously recorded document by reference, as covered in Section 27361.2, an additional fee of one dollar ($1) shall be charged for each group of 10 names or fractional portion thereof after the initial group of 10 names.

(b) Except as provided in subdivision (g) of Section 6103.8, the fee authorized by this section shall not be charged to those entities exempted from the payment of recording fees under Section 6103 or 27383.

history: (History: Amended by Stats. 2021, Ch. 77, Sec. 18. (AB 137) Effective July 16, 2021.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text: The board of supervisors of any county may provide for an additional fee for filing every preliminary notice pursuant to subdivision (a) of Section 8214 of the Civil Code for the exclusive purpose of defraying the cost of implementing and maintaining a system to facilitate compliance with subdivision (b) of Section 8214 of the Civil Code.

history: (History: Amended by Stats. 2010, Ch. 697, Sec. 34. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text: The fee for each certificate under seal shall be set by the board of supervisors in an amount necessary to recover the direct and indirect costs of providing the product or service or the cost of enforcing any regulation for which the fee or charge is levied.

history: (History: Amended by Stats. 1993, Ch. 710, Sec. 2. Effective January 1, 1994.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text: The fee for any copy of a birth, death, or marriage certificate, when the copy is made by the recorder, is the same as is payable to a state or local registrar of vital statistics.

history: (History: Added by Stats. 1947, Ch. 424.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text: The fee for any copy of any other record or paper on file in the office of the recorder, when the copy is made by the recorder, shall be set by the board of supervisors in an amount necessary to recover the direct and indirect costs of providing the product or service or the cost of enforcing any regulation for which the fee or charge is levied.

history: (History: Amended by Stats. 1993, Ch. 710, Sec. 3. Effective January 1, 1994.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text: The fee for searching the records of his office for a birth, death, or marriage certificate is the same as is payable to a state or local registrar of vital statistics; in all other cases, for each year, fifty cents ($0.50).

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text:
The fee for recording each map or plat where it is copied in a book of record is ten cents ($0.10) for each course, plus ten cents ($0.10) a folio for letters and figures on the map or plat.

When recording is by a photographic method the fee for recording each map or plat shall be the same as provided for under Sections 27361 and 27361.5 of this code.

history: (History: Amended by Stats. 1957, Ch. 1865.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text: The fee for recording or filing and indexing each map wherein land is subdivided in lots, tracts, or parcels is five dollars ($5) for the first page and two dollars ($2) for each additional page.

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text: The fee for taking an acknowledgment of any instrument is seventy-five cents ($0.75).

history: (History: Amended by Stats. 1957, Ch. 869.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text: The fee for administering and certifying each oath or affirmation is fifty cents ($0.50).

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text: The fee for filing, indexing, and keeping each paper not required by law to be recorded is three dollars ($3).

history: (History: Amended by Stats. 1971, Ch. 59.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text: No charge or fee shall be made for recording, indexing, or issuing certified copies of any discharge, certificate of service, certificate of satisfactory service, report of separation, or notice of separation of any soldier, sailor, marine, airman, or guardian, separated, released, or discharged from the Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard of the United States, Women’s Army Corps, Women’s Army Auxiliary Corps, Women’s Reserve of Navy, Marine Corps, or Coast Guard, or from the Army and Navy Nurse Corps.

history: (History: Amended by Stats. 2022, Ch. 379, Sec. 10. (AB 1715) Effective January 1, 2023.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text: No fee shall be charged by the recorder for services rendered to the State, to any municipality, county in the State or other political subdivision thereof, except for making a copy of a paper or record.

history: (History: Added by Stats. 1955, Ch. 488.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text: In addition to any other fee, the county recorder shall collect a fee from any lienor, other than a governmental entity, for the recordation of an abstract of judgment or other document creating an involuntary lien within the meaning of Section 27297.5 affecting title to real property. The fee shall not exceed the actual cost to the recorder of providing the notice required by Section 27297.5.

history: (History: Amended by Stats. 1984, Ch. 144, Sec. 146.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text:
(a) In addition to any other recording fee, the recorder, pursuant to Section 27297.6, may collect a fee from the party filing a deed, quitclaim deed, deed of trust, notice of default, or notice of sale, unless that party is a government entity. The fee shall not exceed the mailing cost of the notice specified in Section 27297.6 and the actual cost to provide information, counseling, or assistance to a person who receives the notice, not to exceed seven dollars ($7).

(b) The actual costs comprising the fee described in subdivision (a) may include administrative costs incurred by the recorder in performing the actions described in that subdivision. However, the administrative costs shall not exceed 10 percent of the total fee collected pursuant to subdivision (a).

(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date.

history: (History: Amended (as amended by Stats. 2014, Ch. 65, Sec. 3) by Stats. 2019, Ch. 165, Sec. 3. (AB 1106) Effective January 1, 2020. Repealed as of January 1, 2030, by its own provisions. See later operative version, as amended by Sec. 4 of Stats. 2019, Ch. 165.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees


text:
(a) In addition to any other recording fee, the recorder may collect a fee from the party filing a deed, quitclaim deed, or deed of trust, other than a government entity, pursuant to Section 27297.6. The fee shall not exceed the mailing cost of the notice specified in Section 27297.6, not to exceed seven dollars ($7).

(b) This section shall become operative on January 1, 2030.

history: (History: Amended (as amended by Stats. 2014, Ch. 65, Sec. 4) by Stats. 2019, Ch. 165, Sec. 4. (AB 1106) Effective January 1, 2020. Section operative January 1, 2030, by its own provisions.)

title: 3. GOVERNMENT OF COUNTIES

article: 5. Fees