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Recording CALIFORNIA Mechanics Liens and Releases to increase by $75 in 2018

Legislators for the state of CALIFORNIA have enacted Senate Bill (SB) 2, Chapter 2.5 of the Statues of 2017 that will in effect increase by $75 the cost to record CALIFORNIA Mechanics Liens and Releases in all fifty-eight (58) counties in CALIFORNIA effective January 1, 2018. This is addition to the Real Estate Fraud Prosecution Trust Fund Fees that range from $3.00 – $10.00 in certain counties PLUS each counties respective recording fees that range from $9.00 – $28.00.

According to Jaime T. Pailma, Division Manager, Document Recording Division for Los Angeles County’s Registrar-Recorder/Clerk’s Office, “….the bill imposes a mandate on County Recorders to charge an additional $75 at the time of recording 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 transaction per parcel of real property, not to exceed $225.”

The Nevada County Clerk Recorder-Registrar of Voters, Gregory J. Diaz, notes that a waiver of the $75 fee “….shall not be imposed on any real estate instrument, paper, or notice recorded in connection with a transfer subject to the imposition of a documentary transfer tax as defined in Section 11911 of the Revenue and Taxation Code or on any real estate instrument, paper, or notice recorded with a transfer of real property that is a residential dwelling to an owner-occupier.”

For a listing of CALIFORNIA County Recorders with addresses and phone numbers to contact about the new law and price increase, you can visit our listing by counties at TraditionSoftware.com/county-assessors-clerks-recorders/california/.

New CALIFORNIA Notary Acknowledgement and Jurat Forms On January 1, 2015

Effective January 1, 2015, pursuant to Senate Bill 1050, all CALIFORNIA county Recorder’s Offices will require the Notary Consumer Disclosure. This bill requires a legible notice at the top in an enclosed box, stating that the Acknowledgment, or or Jurat verifies only the identity of the individual who signed the document to which the acknowledgment, or jurat is attached, and not the truthfulness, accuracy, or validity of the document.

new2015CAAcknowledgement

Documents such as a Mechanics Lien or Release of Mechanics Lien where the person appeared before a notary or other officer on or after January 1, 2015 must have this disclosure or will be rejected. Documents acknowledged before January 1, 2015 will be accepted for recording and must meet current applicable statue.

PreLien2Lien will have this new notary text change incorporated into the 18.12.01 version, slated to be released after Thanksgiving.

Recording a CALIFORNIA Mechanics Lien in Alameda County

Alameda County is in the East Bay region of the greater San Francisco Bay Area. It’s largest city is Oakland, with nearby Berkeley, home to the University of California, Berkeley.

Recently a small family HVAC (heating, ventng and air conditioning) business did work at two (2) local Oakland residences and was promised payment upon completion of the work. Payment did not occur so the company contacted our TRADITION NOTICE SERVICES division to record construction liens against the respective property owners.

A lien notice to be record in Alameda County must include the street address of the property. It is also helpful to include the Assessor’s Parcel Number (APN), along with a legal property description.

Fees include a MANDATORY $10.00 Real Estate Fraud Prosecution Trust Fund Fee PLUS $15.00 first page, $3.00 each additional page of 8-1/2″ x 11″ paper.

Actual recording time is one (1) week. You can view information on their website the same day a notice is recorded, indexing information only. An original document will be mailed back four (4) weeks after recordation. A Conforming Copy of the original document can be sent in 5-10 business days after recordation. There is no extra fee if you include an additional copy of the notice and an additional Self Addressed Stamped Envelope. Indicate that you are requesting a Conforming Copy.

The fees and timeframes are the same when recording a CALIFORNIA Release Of Mechanics Lien.

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