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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 CA Mechanics Lien in Placer County

Once in a while I like to record or release in person a CA Mechanics Lien at one of the local Northern California county recorder offices. This allows me to watch what a clerk’s representative looks for in a recorded document.

So last week I started my morning by visiting the Placer County Clerk-Recorder-Registrar in Auburn, at the county government complex of Highway 49 and Richardson Drive. Our TRADITION NOTICE SERVICES customer, a concrete foundation contractor in Reno, NV, was paying for a release on CA Mechanics Lien that was recorded the previous week against homeowners who were building a luxury vacation home in the Lake Tahoe area. The day the Certified Mail CA Mechanics Lien was received by the Owner, the GC suddenly produced a Cashiers Check to pay the outstanding invoices. Now that is quick results.

The Clerk-Recorder-Registrar’s office in Auburn, CA is open from 8:00am to 4:00pm and does not close for lunch. They have a separate line for recording. The Recorder will not give your Original back to you at time of recording, so either bring a conforming copy which they will stamp for free or be ready to pay $4.00 for a 3-page copy. The Original will be mailed back to you in 3-6 weeks.

Cost is $15.00 for the first page and $3.00 for each additional page. Checks are made payable to PLACER COUNTY RECORDER. They do accept business checks. They are also NOT charging the $10.00 Real Estate Fraud Prosecution Trust Fund Fee that many California counties are now adding to recording fees.

The interesting thing I witnessed was the clerk’s representative looking for the word “CLAIMANT” alongside our customer’s company name near the signature line. This is NOT in any way required legally in any other California counties, as I politely reminded the clerk. He agreed, but it serves as a warning that a county clerk employee can reject a notice to be recorded for both legitimate reasons and arbitrary, incorrect logic.

Craig R. Altman
Founder/President
TRADITION SOFWARE, INC. \ TRADITION NOTICE SERVICES

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