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Recorder-Clerk's Office recommending the Board adopt and authorize the Chair to sign Resolution 173-2026, authorizing the implementation of a Recorder Notification Program pursuant to Government Code Section 27297.7.
FUNDING: N/A
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DISCUSSION / BACKGROUND
On October 6, 2025, Senate Bill 255 was approved by the Governor. This bill requires that on or before January 1, 2027, each county within the state needs to establish a recorder notification program and the board of supervisors of each county needs to adopt a resolution for these purposes. The purpose of this program is to enhance property owner awareness and reduce fraudulent property transfers by notifying parties when certain real property documents have been recorded.
Pursuant to the program and following the adoption of an authorizing resolution, the county recorder, or a designee authorized by the county board of supervisors, would be required, within 30 days of recordation of a deed, quitclaim deed, mortgage, or deed of trust, to notify the parties executing the document by mail in accordance with certain procedures.
The bill authorizes the county recorder, in addition to the mailed notice, to establish an electronic notification program. This bill would create an exemption from these requirements for the recordation of certain documents where a state or local government is the grantee. The bill would also authorize the county recorder to collect a fee from the party filing the deed, quitclaim deed, mortgage, or deed of trust in an amount that does not exceed the reasonable costs of services of the county to comply with these provisions.
Over the last three years, the Recorder-Clerk's office has averaged 15,022 deeds, deeds of trust, and mortgages being recorded. Based on this average, the Recorder-Clerk's office would need to mail an average of 290 notices weekly. The current postage rate is $0.82 with metered/commercial rate of $0.78, with an anticipated rate increase in January 2027...
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