TO: Board of Supervisors
FROM: John Tuteur, Recorder-County Clerk
REPORT BY: John Tuteur, Recorder-County Clerk
SUBJECT: Resolution establishing recorder notification program pursuant to California Government Code section 27297.7.
RECOMMENDATION
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Adopt a Resolution establishing Recorder Notification Program pursuant to California Government Code section 27297.7, requiring an assessor parcel number on certain documents and establishing notification fee of $11.00 for recording each deed, quitclaim deed or deed of trust/mortgage. (Fiscal Impact: Increased Expenses with offsetting Revenues; General Fund, Budgeted; Mandatory)
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BACKGROUND
Senate Bill 255 implementing Government Code section 27297.7 was passed by the legislature and signed by the Governor effective January 1, 2026, requiring that “(o)n 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.”
Government Code section 27297.7(b)(2) allows the county recorder to “require, as a condition of recording, that a deed, quitclaim deed, mortgage, or deed of trust indicate the assessor’s identification number.”
Government Code section 27297.7(f) states “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 recorder, in consultation with the County Executive Officer, has determined that to offset increased expenses of implementing the Recorder Notification Program the fee shall be $11.00 effective January 1, 2027. Increased expenses will be monitored and fee adjusted for future fiscal years according to previous years actuals.
Requested Action: Approve resolution establishing recorder notification program pursuant to California Government Code section 27297.7, requiring an assessor parcel number on certain documents and establishing notification fee of $11.00 for recording each deed, quitclaim deed or deed of trust/mortgage effective January 1, 2027.
1. Open Public Hearing.
2. Staff reports.
3. Public comment.
4. Close Public Hearing.
5. Motion, second, discussion and vote on the item
FISCAL IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
Recorder - County Clerk 1142000 |
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Is it Mandatory or Discretionary? |
Mandatory |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
Revenues will offset expenses. Expenses will be monitored and fee adjusted for future fiscal years according to previous years actuals. |
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Consequences if not approved: |
If not approved the County will be in violation of GC 27297.7 and subject to litigation. |
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Additional Information |
Strategic Initiative: Elevate County Service and Workforce Excellence |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: It can be seen with certainty that there is no possibility the proposed
action may have a significant effect on the environment and therefore CEQA is not applicable.