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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 person for Sacramento County, CA

After a major Sacramento area storm, a General Contractor completed a roof replacement on a commercial building in Sacramento County. The property owners decided they do not want to pay for it, so they decided to record a construction lien against the property.

Michael Walker from TRADITION NOTICE SERVICES decided to record the CA Mechanics Lien for this General Contractor in person at the Sacramento Clerk/Recorders office since it’s fairly close to our headquarters. He was in and out of the building in less than five minutes.

Recording fees are $18.00 for the first page and $3.00 for each additional page. If the pages are Legal size (8-1/2” x 14”), add an additional $3.00 fee per page. In addition to the street address of the property, you must include an identifying cross reference, like APN (Assessor’s Parcel Number) or the complete legal description from the deed.

The Clerk’s Office will keep the original copy of the lien for about two weeks before they return it to you. We suggest if you are recording in person you take a copy of the lien and they will add their “Conformed Copy” sticker to it with the recording information.

If you are mailing in your Mechanics Lien, you still should request a Conformed Copy. Be sure to include Self-Addressed Stamped Envelope for the Conformed Copy. They do not need a Self-Addressed Stamped Envelope for the original copy to be returned, as that is included in the recording fees.

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