SECTIONS 27360-27388 - California Statutes

GOVERNMENT CODE

SECTION 27360-27388

27360. For services performed by him, the county recorder shall
charge and collect the fees fixed in this article.

27360.5. As used in this code, the word "folio" means 100 words.
Each figure, character, symbol, and initial, excluding punctuation
marks, shall be regarded as a word for the purpose of computing fees
by a recorder.

27361. (a) The fee for recording and indexing every instrument,
paper, or notice required or permitted by law to be recorded shall
not exceed ten dollars ($10) for recording the first page and three
dollars ($3) for each additional page, to reimburse the county for
the costs of services rendered pursuant to this subdivision, except
the recorder may charge additional fees as follows:
(1) If the printing on printed forms is spaced more than nine
lines per vertical inch or more than 22 characters and spaces per
inch measured horizontally for not less than three inches in one
sentence, the recorder shall charge one dollar ($1) extra for each
page or sheet on which printing appears, except, however, the extra
charge shall not apply to printed words which are directive or
explanatory in nature for completion of the form or on vital
statistics forms. Fees collected under this paragraph are not subject
to subdivision (b) or (c).
(2) If a page or sheet does not conform with the dimensions
described in subdivision (a) of Section 27361.5, the recorder shall
charge three dollars ($3) extra per page or sheet of the document.
The funds generated by the extra charge authorized under this
paragraph shall be available solely to support, maintain, improve,
and provide for the full operation for modernized creation,
retention, and retrieval of information in each county's system of
recorded documents. Fees collected under this paragraph are not
subject to subdivision (b) or (c).
(b) One dollar ($1) of each three dollar ($3) fee for each
additional page shall be deposited in the county general fund.
(c) Notwithstanding Section 68085, one dollar ($1) for recording
the first page and one dollar ($1) for each additional page shall be
available solely to support, maintain, improve, and provide for the
full operation for modernized creation, retention, and retrieval of
information in each county's system of recorded documents.
(d) (1) In addition to all other fees authorized by this section,
a county recorder may charge a fee of one dollar ($1) for recording
the first page of every instrument, paper, or notice required or
permitted by law to be recorded, as authorized by each county's board
of supervisors. The funds generated by this fee shall be used only
by the county recorder collecting the fee for the purpose of
implementing a social security number truncation program pursuant to
Article 3.5 (commencing with Section 27300).
(2) A county recorder shall not charge the fee described in
paragraph (1) after December 31, 2017, unless the county recorder has
received reauthorization by the county's board of supervisors. A
county recorder shall not seek reauthorization of the fee by the
board before June 1, 2017, or after December 31, 2017. In determining
the additional period of authorization, the board shall consider the
review described in paragraph (4).
(3) Notwithstanding paragraph (2), a county recorder who, pursuant
to subdivision (c) of Section 27304, secures a revenue anticipation
loan, or other outside source of funding, for the implementation of a
social security number truncation program, may be authorized to
charge the fee described in paragraph (1) for a period not to exceed
the term of repayment of the loan or other outside source of funding.
(4) A county board of supervisors that authorizes the fee
described in this subdivision shall require the county auditor to
conduct two reviews to verify that the funds generated by this fee
are used only for the purpose of the program, as described in Article
3.5 (commencing with Section 27300) and for conducting these
reviews. The reviews shall state the progress of the county recorder
in truncating recorded documents pursuant to subdivision (a) of
Section 27301, and shall estimate any ongoing costs to the county
recorder of complying with subdivisions (a) and (b) of Section 27301.
The board shall require that the first review be completed not
before June 1, 2012, or after December 31, 2013, and that the second
review be completed not before June 1, 2017, or after December 31,
2017. The reviews shall adhere to generally accepted accounting
standards, and the review results shall be made available to the
public.

27361.1. Whenever two or more instruments, papers, or notices are
serially incorporated on one form or sheet, or are attached to one
another, except as an exhibit marked as such, each instrument, paper,
or notice shall be considered to be a separate instrument, paper, or
notice for the purpose of computing the fee established by Section
27361 of this code.

27361.2. Whenever any instrument, paper, or notice is recorded
which contains references to more than one previously recorded
document and which requires additional indexing by the county
recorder to give notice required by law, an additional fee of one
dollar ($1) shall be charged for each reference to a previously
recorded document, other than the first such reference, requiring
additional indexing. References to group mining claims listed on a
proof of labor shall be considered as only one reference when they
are consecutively numbered or lettered alphabetically, and each break
in consecutive numbers or letters shall be considered as an
additional mine for fee purposes under this section and shall be so
indexed in the index.

27361.3. Notwithstanding any contrary provision of the law, the fee
for recording every release of lien, encumbrance, or notice executed
by the state, or any municipality, county, city, district or other
political subdivision shall be eight dollars ($8) if the original
lien, encumbrance, or notice was recorded without fee as provided by
Section 27383 of the Government Code.
No fee shall be charged for recording a release of lien,
encumbrance, or notice which was recorded in error by the state, or
any municipality, county, city, district or other political
subdivision if there is noted on the face of the release of lien,
encumbrance, or notice a statement to that effect.
Two dollars ($2) for recording each release of lien pursuant to
this section shall be available solely to support, maintain, improve,
and provide for the full operation for modernized creation,
retention, and retrieval of information in each county's system of
recorded documents.

27361.4. (a) The board of supervisors of any county may provide for
an additional fee of one dollar ($1) for filing every instrument,
paper, or notice for record, in order to defray the cost of
converting the county recorder's document storage system to
micrographics. Upon completion of the conversion and payment of the
costs therefor, this additional fee shall no longer be imposed.
(b) The board of supervisors of any county may provide for an
additional fee, other than the fees authorized in subdivisions (a)
and (c), of one dollar ($1) for filing every instrument, paper, or
notice for record provided that the resolution providing for the
additional fee establishes the days of operation of the county
recorder's offices as every business day except for legal holidays
and those holidays designated as judicial holidays pursuant to
Section 135 of the Code of Civil Procedure.
(c) The board of supervisors of any county may provide for an
additional fee, other than the fees authorized in subdivisions (a)
and (b), of one dollar ($1) for filing every instrument, paper, or
notice for record provided that the resolution providing for the
additional fee requires that the instrument, paper, or notice be
indexed within two business days after the date of recordation.

27361.5. (a) As used in Section 27361, a page shall be one printed
side of a single piece of paper being 8 1/2 inches by 11 inches.
(b) A sheet shall be one printed side of a single piece of paper
which is not exactly 8 1/2 inches by 11 inches but not greater than 8
1/2 inches by 14 inches.

27361.6. Except as otherwise provided by law or regulation, all
documents submitted for recording shall have at least a 1/2-inch
margin on the two vertical sides except in the space reserved for
recording information. At least the top 2 1/2 inches of the first
page or sheet shall be reserved for recording information. The
left-hand 3 1/2 inches of the space shall be used by the public to
show the name of the person requesting recording and the name and
address to which the document is to be returned following recording.
In the event the first page or sheet of a document does not comply
with these requirements, a separate page shall be attached by the
party requesting recording to the front of the document which meets
these criteria and which reflects the title or titles of the document
as required by Section 27324. Any printed form accepted for
recordation that does not comply with the foregoing shall not affect
the notice otherwise imparted by recording.
All instruments, papers, or notices presented for recordation
shall be on a quality of paper and contain print of a size and color
which will reproduce legibly by microphotographic or imaging
processes as set forth in Sections 26205.5 and 27322.2.
Any instrument, paper, or notice presented for recordation which
in any way modifies, releases, or cancels the provisions of a
previously recorded document shall state the recorder identification
number or book and page of the document number being modified,
released, or canceled.

27361.7. Whenever the text of a document presented for record may
be made out but is not sufficiently legible to reproduce a readable
photographic record, the recorder may require the person presenting
it for record to substitute a legible original document or to prepare
a legible copy of the first document by handwriting or typewriting
and attach the same to the original as a part of the document for
making the permanent photographic record. The handwritten or
typewritten legible copy shall be certified by the party creating the
copy under penalty of perjury as being a true copy of the original.
As used in this section, the word "text" includes the notary seal,
certificates, and other appendages thereto.

27361.8. Whenever any instrument, paper, or notice is recorded
which requires additional indexing by the county recorder to give
notice required by law and does not refer to a previously recorded
document by reference, as covered in Section 27361.2, an additional
fee of one dollar ($1) shall be charged for each group of 10 names or
fractional portion thereof after the initial group of 10 names.

27361.9. The board of supervisors of any county may provide for an
additional fee for filing every preliminary 20-day notice pursuant to
paragraph (1) of subdivision (o) of Section 3097 of the Civil Code
for the exclusive purpose of defraying the cost of implementing and
maintaining a system to facilitate compliance with paragraph (2) of
subdivision (o) of Section 3097 of the Civil Code.

27361.9. The board of supervisors of any county may provide for an
additional fee for filing every preliminary notice pursuant to
subdivision (a) of Section 8214 of the Civil Code for the exclusive
purpose of defraying the cost of implementing and maintaining a
system to facilitate compliance with subdivision (b) of Section 8214
of the Civil Code.

27364. The fee for each certificate under seal shall be set by the
board of supervisors in an amount necessary to recover the direct and
indirect costs of providing the product or service or the cost of
enforcing any regulation for which the fee or charge is levied.

27365. The fee for any copy of a birth, death, or marriage
certificate, when the copy is made by the recorder, is the same as is
payable to a state or local registrar of vital statistics.

27366. The fee for any copy of any other record or paper on file in
the office of the recorder, when the copy is made by the recorder,
shall be set by the board of supervisors in an amount necessary to
recover the direct and indirect costs of providing the product or
service or the cost of enforcing any regulation for which the fee or
charge is levied.

27369. The fee for searching the records of his office for a birth,
death, or marriage certificate is the same as is payable to a state
or local registrar of vital statistics; in all other cases, for each
year, fifty cents ($0.50).

27371. The fee for recording each map or plat where it is copied in
a book of record is ten cents ($0.10) for each course, plus ten
cents ($0.10) a folio for letters and figures on the map or plat.
When recording is by a photographic method the fee for recording
each map or plat shall be the same as provided for under Sections
27361 and 27361.5 of this code.

27372. The fee for recording or filing and indexing each map
wherein land is subdivided in lots, tracts, or parcels is five
dollars ($5) for the first page and two dollars ($2) for each
additional page.

27375. The fee for taking an acknowledgment of any instrument is
seventy-five cents ($0.75).

27379. The fee for administering and certifying each oath or
affirmation is fifty cents ($0.50).

27380. The fee for filing, indexing, and keeping each paper not
required by law to be recorded is three dollars ($3).

27381. No charge or fee shall be made for recording, indexing, or
issuing certified copies of any discharge, certificate of service,
certificate of satisfactory service, report of separation, or notice
of separation of any officer, commissioned warrant officer, warrant
officer, flight officer, cadet, midshipman, noncommissioned officer,
petty officer, soldier, sailor, or marine separated, released, or
discharged from the Army, Navy, Marine Corps, Coast Guard of the
United States, Women's Army Corps, Women's Army Auxiliary Corps,
Women's Reserve of Navy, Marine Corps, or Coast Guard, or from the
Army and Navy Nurse Corps.

27383. No fee shall be charged by the recorder for services
rendered to the State, to any municipality, county in the State or
other political subdivision thereof, except for making a copy of a
paper or record.

27387. In addition to any other fee, the county recorder shall
collect a fee from any lienor, other than a governmental entity, for
the recordation of an abstract of judgment or other document creating
an involuntary lien within the meaning of Section 27297.5 affecting
title to real property. The fee shall not exceed the actual cost to
the recorder of providing the notice required by Section 27297.5.

27387.1. In addition to any other recording fee, the recorder may
collect a fee from the party filing a deed, quitclaim deed, or deed
of trust, other than a government entity, pursuant to Section
27297.6. The fee shall not exceed the mailing cost of the notice
specified in Section 27297.6, not to exceed seven dollars ($7).

27388. (a) In addition to any other recording fees specified in
this code, upon the adoption of a resolution by the county board of
supervisors, a fee of up to three dollars ($3) shall be paid at the
time of recording of every real estate instrument, paper, or notice
required or permitted by law to be recorded within that county,
except those expressly exempted from payment of recording fees. "Real
estate instrument" is defined for the purpose of this section as a
deed of trust, an assignment of deed of trust, a reconveyance, a
request for notice, a notice of default, a substitution of trustee, a
notice of trustee sale, and a notice of rescission of declaration of
default. "Real estate instrument" does not include any deed,
instrument, or writing subject to the imposition of a documentary
transfer tax as defined in Section 11911 of the Revenue and Taxation
Code, nor any document required to facilitate the transfer subject to
the documentary transfer tax. The fees, after deduction of any
actual and necessary administrative costs incurred by the county in
carrying out this section, shall be paid quarterly to the county
auditor or director of finance, to be placed in the Real Estate Fraud
Prosecution Trust Fund. The amount deducted for administrative costs
shall not exceed 10 percent of the fees paid pursuant to this
section.
(b) Money placed in the Real Estate Fraud Prosecution Trust Fund
shall be expended to fund programs to enhance the capacity of local
police and prosecutors to deter, investigate, and prosecute real
estate fraud crimes. After deduction of the actual and necessary
administrative costs referred to in subdivision (a), 60 percent of
the funds shall be distributed to district attorneys subject to
review pursuant to subdivision (d), and 40 percent of the funds shall
be distributed to local law enforcement agencies within the county
in accordance with subdivision (c). In those counties where the
investigation of real estate fraud is done exclusively by the
district attorney, after deduction of the actual and necessary
administrative costs referred to in subdivision (a), 100 percent of
the funds shall be distributed to the district attorney, subject to
review pursuant to subdivision (d). The funds so distributed shall be
expended for the exclusive purpose of deterring, investigating, and
prosecuting real estate fraud crimes.
(c) The county auditor or director of finance shall distribute
funds in the Real Estate Fraud Prosecution Trust Fund to eligible law
enforcement agencies within the county pursuant to subdivision (b),
as determined by a Real Estate Fraud Prosecution Trust Fund Committee
composed of the district attorney, the county chief administrative
officer, the chief officer responsible for consumer protection within
the county, and the chief law enforcement officer of one law
enforcement agency receiving funding from the Real Estate Fraud
Prosecution Trust Fund, the latter being selected by a majority of
the other three members of the committee. The chief law enforcement
officer shall be a nonvoting member of the committee and shall serve
a one-year term, which may be renewed. Members may appoint
representatives of their offices to serve on the committee. If a
county lacks a chief officer responsible for consumer protection, the
county board of supervisors may appoint an appropriate
representative to serve on the committee. The committee shall
establish and publish deadlines and written procedures for local law
enforcement agencies within the county to apply for the use of funds
and shall review applications and make determinations by majority
vote as to the award of funds using the following criteria:
(1) Each law enforcement agency that seeks funds shall submit a
written application to the committee setting forth in detail the
agency's proposed use of the funds.
(2) In order to qualify for receipt of funds, each law enforcement
agency submitting an application shall provide written evidence that
the agency either:
(A) Has a unit, division, or section devoted to the investigation
or prosecution of real estate fraud, or both, and the unit, division,
or section has been in existence for at least one year prior to the
application date.
(B) Has on a regular basis, during the three years immediately
preceding the application date, accepted for investigation or
prosecution, or both, and assigned to specific persons employed by
the agency, cases of suspected real estate fraud, and actively
investigated and prosecuted those cases.
(3) The committee's determination to award funds to a law
enforcement agency shall be based on, but not be limited to, (A) the
number of real estate fraud cases filed in the prior year; (B) the
number of real estate fraud cases investigated in the prior year; (C)
the number of victims involved in the cases filed; and (D) the total
aggregated monetary loss suffered by victims, including individuals,
associations, institutions, or corporations, as a result of the real
estate fraud cases filed, and those under active investigation by
that law enforcement agency.
(4) Each law enforcement agency that, pursuant to this section,
has been awarded funds in the previous year, upon reapplication for
funds to the committee in each successive year, in addition to any
information the committee may require in paragraph (3), shall be
required to submit a detailed accounting of funds received and
expended in the prior year. The accounting shall include (A) the
amount of funds received and expended; (B) the uses to which those
funds were put, including payment of salaries and expenses, purchase
of equipment and supplies, and other expenditures by type; (C) the
number of filed complaints, investigations, arrests, and convictions
that resulted from the expenditure of the funds; and (D) other
relevant information the committee may reasonably require.
(d) The county board of supervisors shall annually review the
effectiveness of the district attorney in deterring, investigating,
and prosecuting real estate fraud crimes based upon information
provided by the district attorney in an annual report. The district
attorney shall submit the annual report to the board and to the
Legislative Analyst's Office on or before September 1 of each year.
The Legislative Analyst's Office shall compile the results and report
to the Legislature, detailing both:
(1) Facts, based upon, but not limited to, (A) the number of real
estate fraud cases filed in the prior year; (B) the number of real
estate fraud cases investigated in the prior year; (C) the number of
victims involved in the cases filed; (D) the number of convictions
obtained in the prior year; and (E) the total aggregated monetary
loss suffered by victims, including individuals, associations,
institutions, corporations, and other relevant public entities,
according to the number of cases filed, investigations, prosecutions,
and convictions obtained.
(2) An accounting of funds received and expended in the prior
year, which shall include (A) the amount of funds received and
expended; (B) the uses to which those funds were put, including
payment of salaries and expenses, purchase of equipment and supplies,
and other expenditures by type; (C) the number of filed complaints,
investigations, prosecutions, and convictions that resulted from the
expenditure of funds; and (D) other relevant information provided at
the discretion of the district attorney.
(e) A county in which a district attorney fails to submit an
annual report to the Legislative Analyst's Office pursuant to the
requirements of subdivision (d) shall not expend funds held in that
county's Real Estate Fraud Prosecution Trust Fund until the district
attorney has submitted an annual report for the county's most recent
full fiscal year.
(f) Annual reports submitted to the Legislative Analyst's Office
pursuant to subdivision (d) shall be made in a standard form and
manner determined by the Legislative Analyst's Office, in
consultation with participating law enforcement agencies.
(g) The intent of the Legislature in enacting this section is to
have an impact on real estate fraud involving the largest number of
victims. To the extent possible, an emphasis should be placed on
fraud against individuals whose residences are in danger of, or are
in, foreclosure as defined in subdivision (b) of Section 1695.1 of
the Civil Code. Case filing decisions continue to be at the
discretion of the prosecutor.
(h) A district attorney's office or a local enforcement agency
that has undertaken investigations and prosecutions that will
continue into a subsequent program year may receive nonexpended funds
from the previous fiscal year subsequent to the annual submission of
information detailing the accounting of funds received and expended
in the prior year.
(i) No money collected pursuant to this section shall be expended
to offset a reduction in any other source of funds. Funds from the
Real Estate Fraud Prosecution Trust Fund shall be used only in
connection with criminal investigations or prosecutions involving
recorded real estate documents.