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#2154873 - 11/27/17 01:45 PM SB2 - CA Recording Fee Increase
Cristine Offline
New Poster

Registered: 02/22/17
Posts: 5
SB2 is the new CA law that goes into effect for all loans closed on or after 1/1/2018 that requires county recorder's offices to collect an additional $75 (not to exceed $225) for each real estate document recorded. This doesn't apply to purchase money transactions.

Does anyone know, do mortgage payoffs (lien releases) count as one of the real estate documents that will incur the $75 recording fee?

Thanks!

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#2154882 - 11/27/17 02:31 PM Re: SB2 - CA Recording Fee Increase [Re: Cristine]
Reg Warrior Offline
100 Club

Registered: 01/26/17
Posts: 132
Cristine

Per SB 2, Gov't Code 273881.(a)(1), it does apply to reconveyances/release that are not connected to owner-occupied purchase transactions.

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#2154908 - 11/27/17 03:40 PM Re: SB2 - CA Recording Fee Increase [Re: Cristine]
Cristine Offline
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Registered: 02/22/17
Posts: 5
Thank you for pointing me to the section of code, I was able to look it up and I see reconveyances there. smile

27388.1.
(a) (1) Commencing January 1, 2018, and except as provided in paragraph (2), in addition to any other recording fees specified in this code, a fee of seventy-five dollars ($75) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225). “Real estate instrument, paper, or notice” means a document relating to real property, including, but not limited to, the following: deed, grant deed, trustee’s deed, deed of trust, reconveyance, quit claim deed, fictitious deed of trust, assignment of deed of trust, request for notice of default, abstract of judgment, subordination agreement, declaration of homestead, abandonment of homestead, notice of default, release or discharge, easement, notice of trustee sale, notice of completion, UCC financing statement, mechanic’s lien, maps, and covenants, conditions, and restrictions.

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#2156939 - 12/12/17 12:21 PM Re: SB2 - CA Recording Fee Increase [Re: Cristine]
Reg Warrior Offline
100 Club

Registered: 01/26/17
Posts: 132
Due to having this new surcharge of $75 per recording transaction that will be collected by the county recorder in addition the recording fee for the documents, would this fee listed in Section E (Taxes and other Government Fees) on the LE and CD

Thanks

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#2160053 - 01/10/18 06:36 PM Re: SB2 - CA Recording Fee Increase [Re: Cristine]
mac444 Offline
Member

Registered: 05/18/11
Posts: 66
The reconveyance isn't recorded at the same time as the Deed of Trust so I would imagine lenders will be adding this amount in the demand payoff statement.

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#2160058 - 01/10/18 07:52 PM Re: SB2 - CA Recording Fee Increase [Re: Cristine]
Reg Warrior Offline
100 Club

Registered: 01/26/17
Posts: 132
mac444....my company is adding a line item to the demand payoff statement, separate from the reconveyance fee.

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#2163397 - 02/06/18 08:40 PM Re: SB2 - CA Recording Fee Increase [Re: Cristine]
cwscb Offline
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Registered: 01/22/18
Posts: 18
I am also confused by this new law. So, along with the usual recording fee, we add an additional $75?

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#2163473 - 02/07/18 11:52 AM Re: SB2 - CA Recording Fee Increase [Re: Cristine]
Reg Warrior Offline
100 Club

Registered: 01/26/17
Posts: 132
cwscb...yes $75 for each document that is recorded for a transaction, with a maximum fee of $225 (3 documents x $75).

CA Government Code 27388.1.
(a) (1) Commencing January 1, 2018, and except as provided in paragraph (2), in addition to any other recording fees specified in this code, a fee of seventy-five dollars ($75) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225). “Real estate instrument, paper, or notice” means a document relating to real property, including, but not limited to, the following: deed, grant deed, trustee’s deed, deed of trust, reconveyance, quit claim deed, fictitious deed of trust, assignment of deed of trust, request for notice of default, abstract of judgment, subordination agreement, declaration of homestead, abandonment of homestead, notice of default, release or discharge, easement, notice of trustee sale, notice of completion, UCC financing statement, mechanic’s lien, maps, and covenants, conditions, and restrictions.

http://leginfo.legislature.ca.gov/faces/...&article=5.

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#2163793 - 02/08/18 06:25 PM Re: SB2 - CA Recording Fee Increase [Re: Cristine]
Queen Tut Offline
Junior Member

Registered: 08/25/15
Posts: 41
And be sure to review your Deed as many include an Assignment of Rents and possibly a Fixture Filing as well that would then require submission of the recording fee PLUS the full $225.

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#2163798 - 02/08/18 06:54 PM Re: SB2 - CA Recording Fee Increase [Re: Cristine]
Reg Warrior Offline
100 Club

Registered: 01/26/17
Posts: 132
And the counties are not processing this fee in the same way. We have one page substitution of trustee and reconveyance. In some counties this is one document for $75. In other counties it is two documents on one page for $150.

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