To: Board of Supervisors
Department or Agency Name(s): Clerk-Recorder-Assessor
Staff Name and Phone Number: Deva Proto, 707-565-3800
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Update to Recorder Fees in accordance with changes in California law, effective January 1, 2027
End
Recommended Action:
Recommended action
Adopt a Resolution updating base recording fees, pursuant to AB 2224, effective January 1, 2027.
end
Executive Summary:
Effective January 1, 2027, the base recording fees authorized under Government Code 27361 are increasing from $10 to $15 for the first page, and from $3 to $4 for each additional page, with revenues restricted to Recorder’s Office operations. When added to other locally adopted recording fees authorized under state law, the total recording fees will be $19 for the first page and $4 for each additional page. Several minor fees related to indexing, multiple references, non-conforming page sizes, and print-size penalties will be eliminated in accordance with the new changes in state law. All other applicable recording fees, including the Building Homes and Jobs Act fee, the Restrictive Covenant Modification Program fee, and the Survey Monument fee, remain unchanged.
Discussion:
Government Code (GC) section 27361 establishes fees for recording instruments, papers or notices required or permitted by law. The current base recording fee, last revised by the Board in 2016, is $10 for the first page and $3 for each additional page. The base recording fee is supplemented by additional fees authorized by law and adopted locally. The Recorder’s Office operations are funded by the collected fees.
AB 2224 was enacted by the State Legislature and signed by the Governor in September 2026. The new law modifies the recording fee provisions under Government Code Section 27361, effective January 1, 2027. Specifically, the new law provides that base recording fees shall be increased to $15 for the first page and $4 for each additional page. The fees collected for recording are restricted to use by the Recorder’s Office.
The County Recorder has conducted a fee analysis to determine the full cost of document recording services, establishing that actual costs for recording exceed the proposed fees. Because the proposed fees do not exceed the reasonable cost to the County of providing the recording services, the increased fees are permitted under Government Code 27361 and Proposition 26 (California Constitution, Article XIII C, Section 1(e)). Included as an attachment to this Board item is a copy of the Recorder’s fee analysis. The fee analysis showed that the average cost to record each document is $28.96 and the cost per page is $5.56, which exceeds the costs allowable by law. The increased revenue from the fee increase was already anticipated and calculated as part of the 26-27 approved budget and will be used to support the operations of the Recorder’s Office, as mandated by the law.
As permitted by state law, starting January 1, 2027, the new recording fee will be $15 for the first page ($19 when added to the other adopted fees as detailed below), and $4 for each additional page. The base recording fee is the only fee that will be increasing. All other fees will remain unchanged, with the exception of certain fees that will be eliminated consistent with the new law, as detailed below. For the first page of the document, the total fee will consist of the following fees starting January 1, 2027:
• $15 base recording fee
o As authorized by GC 27361, effective January 1, 2027
• $1 to support the eRecording program
o Ordinance 6100 adopted 4/21/2015 as authorized by GC 27397
• $1 to establish the days of operation of the Recorder’s Office
o Resolution 94-0545 adopted 4/19/1994 as authorized by GC 27361.4(b)
• $1 to provide for indexing recorded documents within 2 business days
o Resolution 94-0546 adopted 4/19/1994 as authorized by GC 27361.4(c)
• $1 to for micrographic conversion
o Ordinance 2709 adopted 12/12/1980 as authorized by GC 27361.4(a)
Fees that will be eliminated as of January 1, 2027, pursuant to AB 2224 are:
• $1 for documents requiring additional indexing based on the number of names listed (previously authorized under GC 27361.8);
• $1 for documents having more than one reference to a previously recorded document (previously authorized under GC 27361.2);
• $3 per page for a non-conforming page size (previously authorized under GC 27361(a)(2);
• $1 per page for specified print size penalties (previously authorized under GC 27361(a)(1).
Other previously adopted fees that will not be changed and will continue to apply to certain recordings include:
• $75 Building Homes and Job Act fee
o SB 2 (2017) as authorized by GC 27388.1
• $2 Restrictive Modification Program fee
o Ordinance 6371 adopted 4/5/2022 as authorized by GC 27388.2
• $10 Survey Monument fee
o Resolution 10-0900 adopted 12/14/2010 as authorized by GC 27584 & 27585
Strategic Plan:
Organizational Excellence.
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
April 5, 2022, Ordinance No, 6371, Authorizing collection of a $2 fee for the Restrictive Covenants Project;
April 27, 2016, Resolution 16-0161, Increase base recording fees;
April 21, 2015, Ordinance 6100, Authorizing a $1 for eRecording and deleting a $1 fee for the Social Security Truncation Program;
December 14, 2010, Resolution 10-0900, Authorizing a $10 fee for specified documents for the Survey Monument Preservation Fund;
January 26, 2010, Resolution 10-0081, Increase the base recording fees pursuant to SB 676; April 19, 1994, Resolution 94-0545 adopting a $1 fee establishing the days of operation of the Recorder’s Office;
April 19, 1994, Resolution 94-0546, adopting a $1 fee requiring recorded documents to be indexed within two business days after the date of recordation;
December 12, 1980, Ordinance 2709, adopting a $1 fee to defray the cost of micrographic conversion.
Fiscal Summary
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FY26-27 Adopted |
FY27-28 Projected |
FY28-29 Projected |
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Narrative Explanation of Fiscal Impacts:
The increased revenue from the fee increase was already anticipated and calculated as part of the 26-27 budget. There will be no additional impacts.
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Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Resolution adopting Recorder fee increase to the base recording fee, effective January 1, 2027
Recorder Cost Study
Related Items “On File” with the Clerk of the Board: