Title
Adopt a Resolution to:
a. Approve and authorize the County Recorder to establish a Recorder Notification Program pursuant to Senate Bill 255 (SB 255) as directed in Government Code section 27297.7, effective January 1, 2027; and
b. Approve and authorize an amendment to Article XIII of the Recorder Master Fee Resolution to establish a Recorder Notification Program Administrative Fee to recover the reasonable costs associated with establishing and administering the program, effective no sooner than 120 days from date of Board approval; and
c. Approve and authorize the County Recorder, as a condition of recording, to require that deeds, quitclaim deeds, mortgages, and deeds of trust identify the applicable Assessor’s Parcel Number (APN) on the first page of the document pursuant to Senate Bill 255 (SB 255) as directed in Government Code section 27297.7 subdivision (b)(2), effective January 1, 2027.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a Resolution to:
a. Approve and authorize the County Recorder to establish a Recorder Notification Program pursuant to Senate Bill 255 (SB 255) as directed in Government Code section 27297.7, effective January 1, 2027; and
b. Approve and authorize an amendment to Article XIII of the Recorder Master Fee Resolution to establish a Recorder Notification Program Administrative Fee to recover the reasonable costs associated with establishing and administering the program, effective no sooner than 120 days from date of Board approval; and
c. Approve and authorize the County Recorder, as a condition of recording, to require that deeds, quitclaim deeds, mortgages, and deeds of trust identify the applicable Assessor’s Parcel Number (APN) on the first page of the document pursuant to Senate Bill 255 (SB 255) as directed in Government Code section 27297.7 subdivision (b)(2), effective January 1, 2027.
SUMMARY:
On October 6, 2025, the Governor of California signed Senate Bill 255 (“SB 255”), also known as the Deed Title Notification law, which requires all California counties, on or before January 1, 2027, to establish a recorder owner notification program.
Under SB 255, following the recordation of specified real property documents, including deeds, quitclaim deeds, mortgages, and deeds of trust, the parties executing the document must be provided notice within 30 days after recordation. To aid this process, the law authorizes the County Recorder as a condition of recording, to require that deeds, quitclaim deeds, mortgages, and deeds of trust identify the applicable Assessor's Identification Number(s), also known as Assessor’s Parcel Number(s), on the first page of the documents.
The purpose of the Recorder Notification Program is to provide timely notice to property owners and other parties executing qualifying documents, thereby assisting in the prevention and detection of real estate fraud, unauthorized title transfers, and other fraudulent recording activities.
SB 255 further authorizes the board of supervisors, in addition to any recording fee, to authorize the county recorder to collect a reasonable administrative fee from the party submitting a qualifying document for recording. The fee may not exceed the reasonable costs incurred by the county to establish and administer the program and may not be charged until at least one hundred twenty (120) days have passed following the establishment of the fee.
DISCUSSION:
The proposed Resolution will authorize the County Recorder to establish and administer the Recorder Notification Program consistent with SB 255 and will authorize an amendment to Article XIII of the Recorder’s Master Fee Resolution to establish an administrative fee to recover the reasonable costs associated with the program. This will keep the County compliant with state law and aid in the detection of real estate fraud. Further, authorizing a fee as permitted by statute will permit the County to serve these goals while mitigating financial impact on the County’s budget.
OTHER AGENCY INVOLVEMENT/COMMITTEE ACTIONS:
County Counsel has reviewed the Resolution and has approved it as to form.
FINANCING:
The collection of administrative fees authorized under this Resolution is not a ‘tax’ and is exempt from voter approval pursuant to Article XIII C section 1(e)(1)-(2) of the California Constitution (Prop. 26: charge imposed for specific benefit conferred/privilege/service or product provided or granted to the payor).
BOARD OF SUPERVISORS STRATEGIC PLAN GOALS:
This recommendation supports the key objective of Administration will provide the County Recorder with the additional support it needs to help safeguard property rights, improve transparency in the recording process, and strengthen public confidence in county government services.
____ Well-Being and Quality of Life
____ Sustainable Infrastructure for the Present and Future
____ Safe and Resilient Communities
____ Diverse and Thriving Economy
____ Dynamic Organization and Employer of Choice
_X_ Administrative
Link to the Strategic Plan:
https://www.countyofmonterey.gov/home/showdocument?id=139569
Prepared by: Chihiro Tabata, Management Analyst, ext. 6607
Approved by: Xochitl Marina Camacho, Assessor, County Clerk/Recorder, ext. 5874
Attachments:
Attachment A - Proposed Article XIII (clean version)
Attachment B - Proposed Article XIII (redline version)
Attachment C - Proposed Resolution
Attachment D - County Recorder Fee Study - Time Study