Recording real estate documents in california

Recording real estate documents is a crucial step in establishing and protecting property rights. Generally, when there is a dispute about property rights California law gives priority to the document recorded earlier in time, and certain presumptions are made when a property right is recorded in a chain of title. (First Bank v. East West Bank (2011) 199 Cal.App.4th 1309, 1313.). Therefore, it is important that all matters affecting interest and title to real property are recorded promptly and accurately.

In California, the recording process involves specific steps, documentation, and considerations. In this article, we'll outline the key steps necessary to record real estate documents, discuss what needs to be included in the document, typical costs, and highlight some of the important considerations for property holders in the Golden State.

What kind of documents can be recorded? Any written “instrument” that affects the title to or possession of real property can be recorded if it otherwise conforms to the procedural requirements of the recording laws. (Govt. Code § 27280.) An “instrument” is “a written paper signed by a person or persons transferring the title to, or giving a lien on real property, or giving a right to a debt or duty.” (Govt. Code § 27279(a).)

The recorder is required to accept and record any instrument in recordable form that is authorized or required to be recorded by statute or court order. (Govt. Code § 27201.) Usually there is a specific statutory authorization to record a document, but many documents can be recorded without express statutory authorization. Also, the recorder must accept for recording instruments that are authorized or required to be recorded by a local ordinance that relates to the recordation of “any instrument, paper or notice that relates to real property.”

Documents that cannot be recorded:

Not all documents are proper for recordation. A recorder is only required to record an instrument that is authorized or required by statute or court order to be recorded. The recorder may refuse to record an instrument that does not meet the statutory requirements for recording. Individuals cannot on their own accord create a right to record an unauthorized document, even if agreed to by private contract, and an unauthorized document can be expunged if it may cause serious injury if left outstanding.

Step 1: Understand County-Specific Requirements

Before starting the recording process, it is essential to familiarize yourself with the specific recording requirements of the county where the property is located. Each county may have slightly different procedures, so it is crucial to review their guidelines thoroughly.

Step 2: Prepare the Document

Ensure that the real estate document is complete, accurate, and properly formatted according to the county's guidelines. Include all necessary information, such as legal descriptions, signatures, exhibits, properly naming parties, notary acknowledgments, and any required attachments. Check the county website for a cover page to place in front of the instrument to ensure the spacing conforms with the county’s recording space requirements.

Step 3: Verify Notarization

If the document requires notarization, ensure that the notary acknowledgment is correctly executed. Notary issues such as incomplete fields or smudged stamps are a common reason for document rejection.

Step 4: Check for Legibility

Make sure all text in the document is clear and legible. Illegible documents may be rejected, so it's crucial to use readable fonts and ensure that information is easily understandable.

Step 5: Determine Recording Fees

Find out the recording fees applicable to your document. Different types of documents may have varying fees, and it's essential to include the correct payment with your submission. For example, the county of Alameda requires separate taxation for the Documentary Transfer Tax due to the County of Alameda and Real Property Conveyance Tax due to the city of Alameda for applicable property sales and transfers.

Step 6: Submit the Document for Recording

Submit the document, along with the required fees, to the county recorder's office. Most counties require original documents, but some may allow electronic recording (e-recording). Check with the specific county recorder's office for their accepted methods. Ensure all original documents submitted in person are signed with “wet ink.”

Important Considerations:

Recording Date for Priority:

As noted above, the date of recording is significant for establishing priority in property rights. Recording a document promptly can help to protect your interests and prevent potential disputes with other parties.

Consequences of Not Recording:

Failure to record real estate documents can have adverse consequences down the road. Without proper recording, your rights to the property may be jeopardized, and it could affect the property's marketability.

County-Specific Variations:

Since recording requirements may vary by jurisdiction, it's crucial to stay informed about any county-specific variations. Familiarizing yourself with local rules ensures a smoother recording process.

Conclusion:

Recording real estate documents in California is a fundamental step in securing property rights. By understanding the specific requirements, preparing accurate documents, and staying informed about local variations, property owners can navigate the recording process effectively. Remember, the date of recording matters, and neglecting this step can have long-term consequences. Always consult with the county recorder's office for the most up-to-date and accurate information regarding real estate document recording.