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The Clerk-Recorder is responsible for maintaining records for real property located in Stanislaus County.
Recording Fees
First page or title - $14.00
For each additional title per document - $14.00
For each additional page - $3.00
FRAUD FEE - $3.00 Titles associated with fraud fee: Deed of Trust, Notice of Trustee Sale, Assignment of Deed of Trust, Reconveyance, Notice of Default, Substitution of Trustee, Request
for Notice, Notice of Rescission of Declaration of Default. (standard page size (8 " x 11"))
GOV 27361(a),(c); GOV 27361.4(a),(b),(c); GOV 27397(c)(1); GOV 27388(a)(1)
Documents that are not 8 1/2" x 11 page - $3.00
Indexing more than ten names - $1.00
Documents requiring additional indexing - $1.00
Penalty print - $1.00
POWER OF ATTORNEY:
Filing, Cancellation, Revocation, or Withdrawl ................$10.00
Each Additional Person.................$5.00
A Preliminary Change of Ownership Report is required to be submitted with each document that changes title to real property. Questions regarding this form should be directed to the assessor's office. Any document presented with an INCOMPLETE or MISSING PCOR report that it is required to have one by law.........$20.00 penalty fee
DOCUMENTARY TRANSFER TAX - $0.55 per $500 Value
Documents that transfer title are subject to payment of the documentary transfer tax on the value of the property transferred or on the amount paid for the property being purchased. Each document transferring an interest in real property must clearly state, on its face, if the property is located in the county's unincorporated area or within a city's limits.
TRANSFER TAX EXEMPTIONS:
R & T Code 11911
1. Value and consideration of conveyance is less than $100
2. Conveyance where the liens and considerations are equal or more than the value of the property and no further consideration is given.
3. Bona fide gift. (Note: Property must be unencumbered. Gift taxes may or may not apply. Check with your tax accountant.)
R & T Code 11921
1. Deed of Trust or other written instrument securing a debt.
2. Reconveyance upon satisfaction/payment of a debt. May be required to submit documentation to the recorder to verify the validity of the exemption noted.
R & T Code 11922
1. Conveyance wherein the grantee is a national bank.
2. Conveyance wherein a governmental entity acquires title.
R & T Code 11923
1. Conveyance to a receiver, and reconveyance of the realty upon the termination of the receivership. May be required to submit documentation to the recorder to verify the validity of the exemption noted.
2. Conveyance confirmed under the Federal Bankruptcy Act.
R & T Code 11924
1. Conveyance to make effective any order of the Securities and Exchange Commission. (Note: Securities and Exchange Commission order must be attached.)
R & T Code 11925 (a)
1. Conveyance of an interest in a partnership to a continuing partnership within the meaning of Internal Revenue Code 708 and the continuing partnership continues to hold the property. (Note: Original partnership is not terminated.) May be required to submit documentation to the recorder to verify the validity of the exemption noted.
R & T Code 11925 (d)
1. Transfer between an individual or individuals and a legal entity or between legal entity or between legal entities that results solely in a change in the method of holding title to the realty and in which proportional ownership interests in the realty, whether represented by stock, membership interest, partnership interest, cotenancy interest, or otherwise, directly or indirectly, remain the same immediately after the transfer. May be required to submit documentation to the recorder to verify the validity of the exemption noted.
R & T Code 11926
1. Conveyance made in lieu of foreclosure where consideration is less than the unpaid debt.
2. Deed from a debtor to a beneficiary in lieu of foreclosure wherein the only consideration is debt cancellation.
R &T Code 11927
1. Conveyance between spouses in dissolution of marriage.
2. Conveyance to divide assets between spouses pursuant to judgment or agreement in dissolution of marriage.
R & T Code 11930
1. Conveyance transferring an interest in real property by reason of death of any person, or a transfer by inter vivos gift whether the interest conveyed is transferred outright or in trust for the benefit of any person or entity.
If the document is exempt from transfer taxes, a statement and/or appropriate Revenue and Taxation code should be stated on the face of the exempt document.
Recorded Documents Copy Fees
Reproduction of recorded documents first page-$6.75
Reproduction of each additional page (per document)-$3.00
Certification per document-$2.00
County recording fees are subject to change without notice. For the most current fees and further information, contact the local recorder directly.
On January 1, 2018, California Senate Bill 2, a.k.a., the "Building Homes and Jobs Act," goes into effect and may increase recording fees for real estate instruments. The fee will address homelessness and housing shortages, and help to increase the rate of home ownership within the State by creating a Building Homes and Jobs Trust Fund to which the additional fee will be remitted.
Upon taking effect, the recorder's office will impose a fee of $75.00 to be paid when recording every real estate instrument, paper, or notice required or permitted by law to be recorded, per each single transaction per single parcel of real property, not to exceed $225.00.
Transfers subject to the documentary transfer tax as defined in Section 11911 of the Revenue and Taxation Code or on any real estate instrument, paper, or notice recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier are exempt from this fee.
If you have any questions about how the Building Homes and Jobs Act affects your recording fees, please speak with a clerk with the Recorder's Office or a licensed attorney within the state.
Document Formatting Requirements
* Submit an original document that has been signed and acknowledged in front of a notary public.
* A California all-purpose acknowledgment is needed for real property documents.
* The entire document must be sufficiently legible to produce a readable photographic copy. Black ink with a font size of at least 10 point should be used to ensure legibility and to avoid penalty print charges. Printing should be single-sided.
* Documents should be on 8.5 x 11 inch white paper.
* On the first page, a 2.5 inch top margin should be provided. The left 3.5 inches of this space should include the name of the party requesting the recording, as well as a return address where the document should be returned after recording.
* Side margins should be at least 1/2 an inch. Top and bottom margins should be a minimum of 1 inch.
* Directly below the 2.5 inch top margin on the first page, the title of the document should be given. The recorder is required to index only the title (or titles) listed in this space. Additional titles may be identified and indexed at the discretion of the recorder.
* Corresponding names should be typed or written beneath signatures in the document.
* Across the bottom of the first page, include the name and return address of the person or entity to where future tax statements should be mailed.
* A document that modifies, cancels, or releases the provisions of a previous document of record requires a recording reference.
* If an entire instrument or part of an instrument is in a language other than English, it will not be accepted unless it is accompanied by an English translation. The translation must be performed by a certified or registered court interpreter or by an accredited translator registered with the American Translators Association. The translation must be accompanied by a notarized declaration.
* 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, shall show the name(s) of the assessed owners as they appear on the latest secured assessment roll.
* If the document releases or terminates any interest, right, or encumbrance, it shall contain the names of the 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 right, interest, or encumbrance.
The recording act in California is a race-notice act. A later buyer who pays fair value, does not have notice that there were any earlier conflicting interests, and records first, wins and will have priority over any later recordings.