NORTH COUNTY BRANCH OFFICE
WELLS FARGO BUILDING
222 S. HARBOR BLVD ., STE 110
ANAHEIM, CALIFORNIA 92805
ORANGE COUNTY
COUNTY ADMINISTRATION SOUTH
601 N. ROSS STREET
SANTA ANA, CALIFORNIA 92701
OLD ORANGE COUNTY
COURTHOUSE
211 W. SANTA ANA BLVD. ROOM 201
SANTA ANA, CALIFORNIA 92701
SOUTH COUNTY BRANCH OFFICE
LAGUNA HILLS CIVIC CENTER
24031 EL TORO ROAD, SUITE 150
LAGUNA HILLS, CALIFORNIA 92653
(714) 834- 2500 FAX (714) 834- 2675 WWW.OCRECORDER.COM WWW.OCARCHIVES.COM
HUGH NGUYEN
CLERK-RECORDER
BIRTH AND DEATH RECORDS
FICTITIOUS BUSINESS NAMES
MARRIAGE LICENSES/RECORDS
NOTARY REGISTRATION
ORANGE COUNTY ARCHIVES
PASSPORTS
PROPERTY RECORDS
NOTICE
RE: SB2 Recording Fee - Affordable Housing and Jobs Act
In 2017, the California Legislature passed Senate Bill 2, The Affordable Housing and Jobs
Act
,
which adds a new tax on certain recorded real estate documents. The act (Government
Code 27388.1) states:
"A fee of $75 dollars shall be paid at the time of recording on 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
single transaction per
parcel or real property.
"
Effective January 1, 2018, legislation mandates County Recorders to charge an additional
$75 fee per recording title, per transaction (up to a maximum of $225) at the time of
recording on every qualifying real estate instrument, paper, or notice except those
recordings expressly exempted from the fee.
Documents believed to be exempt from the new SB2 fee, must be labeled "EXEMPT" with
a valid
exemption code and reason on the face of the document, or on a cover page, prior
to submitting the document for recording with the County Recorder.
The following are valid exemptions from SB2 fees under Government Code 27388.1(a) (2):
•
A transaction reflecting a transfer subject to the imposition of documentary transfer
tax", or
•
A transaction recorded concurrently "in connection with" a transfer subject to
the imposition of documentary transfer tax", or
•
A
transaction that reflects a
transfer of real property that is a “residential
dwelling to an owner-occupier", or
•
A
transaction recorded concurrently "in connection with" a
transfer of real
property that is a residential dwelling to an owner-occupier.
The following are valid exemptions from SB2 fees under Government Code 27388.1(a) (1):
•
A
transaction in which the cap of $225 is reached or
•
A transaction that is not related to real property.
Failure to label a document "EXEMPT" and include a valid exemption code and reason
will
result in the imposition of SB2 fees on recorded real estate transactions.
RECORDING REQUESTED
AND WHEN RECORDED MAIL TO:
THIS SPACE IS FOR RECORDERS USE ONLY
(Title of Document)
Per Government Code 27388.1(a)(1)
"A fee of $75 dollars shall be paid
at the time of recording on 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 single transaction
per
parcel or real property.
"
Exempt from SB2 fee per GC 27388.1(a)(2); is a transfer
subject to the imposition of documentary transfer tax", or
Exempt from SB2 fee per GC 27388.1(a)(2); recorded
concurrently "in connection with" a transfer subject to the
imposition of documentary transfer tax", or
Exempt from SB2 fee per GC 27388.1(a)(2); is a
transfer of
real property that is a residential dwelling to an
owner-occupier", or
Exempt from SB2 fee per GC 27388.1(a)(2); recorded
concurrently "in connection with" a
transfer of real property
that is a residential dwelling to an owner-occupier", or
Exempt from SB2 fee per GC 27388.1(a)( l ); fee cap of $225 reached"
Exempt from SB2 fee per GC 27388.1(a)( 1); not related to real
property
Failure to include an exemption reason will result in the imposition of the SB2
Building Homes and Jobs Act Fee.
