The California General Assembly is considering a bill that would increase the maximum amount required to record a real estate instrument and amend the definition of real estate instrument.
Existing law authorizes county boards of supervisors to adopt, by resolution, a fee of up to $3 for each recording of a real estate instrument, paper or notice required or permitted by law to be recorded, except as specified.
Senate Bill 1342, sponsored by Sen. Bill Emmerson, R-Hemet, would increase the highest fee that may be charged to $10.
Existing law defines the term “real estate instrument” to mean a deed of trust, an assignment of trust, a reconveyance, a request for notice, a notice of default, a substitution of trustee, a notice of trustee sale or a notice of rescission of declaration of default.
Under the proposed legislation, the definition would be amended to include amended deeds of trust, assignments of rents, assignments of leases, construction trust deeds, declarations of homestead, easements, leases, lot line adjustments, mechanic’s liens, modifications for deeds of trust, notices of completion, quitclaim deeds, subordination agreements or trustee’s deeds upon sale.