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
Recorder Notification Program Implementation
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Recommended Action:
Recommended action
Adopt a Resolution authorizing the implementation of a Recorder Notification Program
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Executive Summary:
To strengthen consumer protection statewide and address public concerns related to deed fraud, Senate Bill 255 (2025) requires every California county to establish a Recorder Notification Program by January 1, 2027. This program will require the County Recorder to notify property owners when deeds, quitclaim deeds, mortgages, or deeds of trust are recorded. Notifications must be mailed to the address used for property tax billing within 30 days of the recording. Under the new law, the Board of Supervisors is required to adopt an authorizing resolution establishing the program.
Discussion:
Public concerns about property title fraud, also known as deed fraud or title theft, have been growing over recent years. Deed fraud is a crime where scammers forge property ownership documents to make it appear that someone’s home has been sold or transferred to another person without the consent or knowledge of the property owner. Although infrequent, victims of deed fraud can face expensive and lengthy legal battles to clear title and establish their legitimate claim to ownership. Fraudulent recordings can be difficult to spot unless someone is actively monitoring public records, and the longer the fraud goes undetected, the more difficult it can be for the property owner to manage. Some counties have established Recorder Notification Programs, but these programs have generally been funded by Real Estate Fraud Prosecution Fees, which Sonoma County does not collect.
To address these concerns and ensure that all counties have the authority and funding for such programs, Senate Bill (SB) 255 was passed by the legislature and signed by the Governor in October 2025. The new legislation is codified under Government Code Section 27297.7 and requires that on or before January 1, 2027, each county board of supervisors adopt a resolution establishing a Recorder Notification Program. The Recorder Notification Program will serve as a consumer protection measure, helping property owners detect unauthorized or fraudulent transfers promptly.
The Recorder Notification Program will require the Recorder, within 30 days of the recordation of a deed, quitclaim deed, mortgage, or deed of trust, to notify by mail the party or parties executing the document, utilizing the address for mailing tax bills that was established prior to the recording of the document. As this program relies on obtaining mailing data from the Assessor’s Office, the Recorder will require an Assessor Parcel Number (APN) on all document types requiring notifications, as permitted under the new law.
The law also provides exemptions for governmental grantees, limits liability for the County and Recorder for failing to provide the notice, and requires competitive bidding for any contracted processing or mailing services for implementing the program.
The new law also allows the Board to authorize the Recorder to collect a fee from the party recording a deed, quitclaim deed, mortgage, or deed of trust for the cost of implementing the program. Following implementation of this Program, the Recorder’s Office will conduct a fee analysis and request approval of a fee that does not exceed the reasonable cost for providing the services of this Program. This future fee will be subject to a 120-day public notification period before it can be implemented.
Strategic Plan:
Organizational Excellence
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
N/A
Fiscal Summary
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FY26-27 Adopted |
FY27-28 Projected |
FY28-29 Projected |
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Narrative Explanation of Fiscal Impacts:
Costs for the program will be covered by the Recorder Modernization Fund (paper & postage) and the Recorder Operations Fund (staff time) while the actual costs of the program are determined. The department will come back at a future date to request a fee on these specific documents to cover the costs of program.
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Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Resolution Authorizing Implementation of the Recorder Notification Program
Related Items “On File” with the Clerk of the Board: