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The Clerk/Recorder is responsible for maintaining records for real property located in Kern County.
Recording Fees
Deeds:
First page (8" x 11") GC 27361 et seq. $13.00* / $3.00 ea. addl. pg.
Combined Documents GC 37361.1 $13.00* per each addl. title
Penalty fees: ANY page not 8" x 11" GC 27361(a (2) - $3.00 per every page of document
Maximum size is 8" x 14" GC 27361.5
REAL ESTATE FRAUD FEE $10.00 per document title(s)
**REAL ESTATE FRAUD FEE Government Code 27388
In Kern County, the Real Estate Fraud Fee applies to all "real estate instruments" as defined in Government Code 27388(a)(2).
This fee applies to a Deed of Trust, an Assignment of Deed of Trust, an Amended Deed of Trust, an Abstract of Judgment, an Affidavit, an Assignment of Rents, an Assignment of a Lease, a Construction Trust Deed, Covenants, Conditions, and Restrictions(CC&Rs), a Declaration of Homestead, an Easement, a Lease, a Lien, a Lot Line Adjustment, a Mechanics Lien, a Modification for
Deed of Trust, a Notice of Completion, a Quitclaim Deed, a Subordination Agreement, a Release, a Reconveyance, a Request for Notice, a Notice of Default, a Substitution of Trustee, a Notice of Trustee Sale, a Trustee's Deed Upon Sale, or a Notice of Rescission of Declaration of Default, or any Uniform Commercial Code (UCC): such as, an Amendment, Assignment, Change, Continuation,
Statement, or Termination).
The Real Estate Fraud Fee does not apply to any real estate instrument, paper, or notice if any of the following apply:
* The real estate instrument, paper, or notice is accompanied by a declaration stating that the transfer is subject to a
documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code.
* The real estate instrument, paper, or notice is recorded concurrently with a document subject to a documentary transfer tax
pursuant to Section 11911 of the Revenue and Taxation Code.
* The real estate instrument, paper, or notice is presented for recording within the same business day as, and is related to the
recording of, a document subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. A real estate instrument, paper, or notice that is so exempt shall be accompanied by a statement that includes both of the following:
i. A statement that the real estate instrument, paper, or notice is exempt from the fee.
ii. A statement of the recording date and the recorder identification number or book and page of the previously recorded
document.
Missing Preliminary Change of Ownership Report (when required) $20.00
Quitclaim Deeds, Deeds of Trust, Trustee's Deeds, Reconveyances (includes fraud fee):
Letter-sized (8.5" x 11"): $23.00 first page, $3.00 each add. page
Legal-sized (8.5" x 14"): $26.00 first page, $ 3.00 each add. page
$3.00 per page penalty fee for nonconforming documents
Documentary tax: $0.55 per $500.00 value
IF NOT COVERED BY AN ACCEPTABLE EXEMPTION, TRANSFER TAX IS DUE
Documentary Transfer Tax is levied upon each sale or transfer of real property exceeding $100.00 (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale) at the rate of 55 per $500.00 or fractional part thereof.
Transactions exempted from the tax are described in Sections 11921, et seq., of the Revenue and Taxation Code.
To calculate Documentary Transfer Tax, round the amount to be taxed to the nearest $500.00 increment. Divide the result by $500.00 ( 500). Multiply this amount by 55 ( 0.55). The result is the Documentary Transfer Tax amount which should be included in the regular recording fees for each document submitted for recording to the Recorder's Office. I.e., an amount of $14,327.23 would be rounded to the nearest $500.00 increment to $14,500.00. Dividing this amount by $500.00 yields 29. Multiplying 29 by 0.55 yields 15.95. Therefore, the Transfer Tax required for the transaction of $14,327.23 is $15.95.
TRANSFER TAX EXEMPTIONS - Not an Exclusive List:
1. Conveyance of realty without consideration. "Gift".
2. Deed to or by a Trust not pursuant to a Sale.
3. Deed upon termination of a Trust.
4. Deed to confirm title already vested in the Grantee.
5. Deed given by Executor in accordance with the terms of a Will.
6. Deed from an Agent to his Principal conveying real estate purchases for and with funds of the Principal.
7. Ordinary leases and assignments of leases of real property for a definite term of years.
8. Deed to a Trustee for the benefit of creditors.
9. Conveyance to a receiver, and reconveyance of realty upon termination of the receivership.
10. A conveyance by a Corporation in liquidation or in dissolution to its shareholders made solely for the cancellation and retirement of Capital stock.
11. A conveyance from a corporation in liquidation to a Partnership wherein the Corporate shareholders are the only partners of the partnership and hold proportionate interests in each entity.
12. Conveyance in dissolution of a marriage from one spouse to the other. (Reference must be made to Revenue and Taxation Code 11927 and statement must be signed by one of the spouses.)
13. Conveyance from one spouse to the other as sole and separate property. (Can be other than spouses.) Purchased with the sole and separate funds of the Grantee.
14. Conveyance to secure a debt. (Only when deed is being used in lieu of a Deed of Trust. Not when used to obtain financing.) Must state on document that it is in lieu of a Deed of Trust.
15. Conveyance to a Partnership wherein the Grantors are all of the partners of the Partnership and hold the same proportionate share in the partnership that they held in the Real Property.
16. Conveyance to change the manner in which the interest of the parties is held. "The Grantors and Grantees are the same parties, and their
proportionate interests in the real property have not changed."
17. The amount of the liens equal or exceed the value of the land conveyed.
18. Property already vested in Grantee's name. To clear any cloud there might be on the title.
19. The deed conveys common areas to the Homeowners Association without consideration, and is not subject to Transfer Tax.
20. Mineral Interest only. Consideration and value less than $100.00, if applicable. No way to determine value if non-producing as not carried on assessment roll.
21. Dismissal of a quiet title action.
22. Division of property (Partition Deeds). Proportionate interest of the Grantee has not changed. No monetary gain or loss. (If one party
takes a greater interest, that portion is taxable.)
23. Option for purchase of Contract for Sale (Agreement of Sale). (Deed issued upon completion of contract is taxable.)
24. Where all parties to a taxable conveyance are exempted Governmental bodies.
25. When an exempt Government agency is acquiring title.
26. Conveyances in lieu of foreclosure. (Special 'In Lieu of Foreclosure Statement' required.)
27. Trustee's Deed if Grantee is foreclosing Beneficiary and consideration does not exceed balance due Beneficiary. If consideration exceeds balance due Beneficiary, Transfer tax is due on the excess.
28. Transfer of real estate in a statutory merger or consolidation from a constituent corporation to the continuing or new corporation.
29. Certain change in corporate reorganization and in partnerships as set out in Revenue and Taxation Code, Sections 11923, 11924, and 11925, and County Ordinance Sections 6, 7, and 8.
When citing a valid documentary transfer tax exemption in lieu of paying transfer tax on one or more of your documents, note that the COMPLETE verbiage of the exemption must be legibly written or typed out on the document(s); NOT the exemption number.
If you have any further questions regarding this information, please contact the Recorder's Office
*BUILDING HOMES AND JOBS ACT (SB2-2017 / AB 110-2018) -- Government Code 27388.1
Commencing January 1, 2018, in addition to any other recording fees, a fee of seventy-five dollars ($75) shall be paid at the time of recording of 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 of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225). Documents believed to be exempt from paying this fee must cite a valid exemption on the face of the document. The following exemptions may apply:
* GC 27388.1(a)(1): Recorded document is expressly exempted from recording fees (recorded/executed by Govt. agency).
* GC 27388.1(a)(2): Recorded in connection with a transfer subject to the imposition of documentary transfer tax.
* GC 27388.1(a)(2): Recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier --
NOTE: A Preliminary Change in Ownership Report (PCOR) stating such is required with submission.
* GC 27388.1(a)(1): The fee cap of $225 reached (3x $75.00).
* GC 27388.1(a)(1): Not related to real property (Powers of Attorney, Affidavits of Death of Trustee, Notary Bonds, etc.).
* GC 27388.1: Recorded in connection with a previous transfer of real property that was subject to documentary transfer tax on
___________, in document _________________. Must be Jan. 1, 2018 or after.
* GC 27388.1(a)(2): Recorded in connection with a previous transfer of real property that is a residential dwelling to an owner- occupier; on __________, in document __________________. Must be Jan. 1, 2018 or after.
* GC 27388.1(a)(1): The fee cap of $225 reached previously on _____, in document number _____. Must be Jan. 1, 2018 or after.
COPY FEES- NOTE: They do NOT conform copies
First Page.............. $3.00 per document
Each addl. page...............$0.50
Certification Fee............$0.50 per document
Maps First Page.................$6.00
Each addl. page................$3.00
PAYMENTS:
CASH / MONEY ORDER / CHECK ONLY
(payable to Kern County Recorder)
DO NOT SEND CASH IN MAIL
County recording fees are subject to change without notice. For the most current fees and further information, contact the local recorder directly.
Document Formatting Requirements
- Documents should be on paper no smaller than 8.5x11 and no larger than 8.5 x 14, and should be printed in black ink on white paper
- All documents must have at least a 1/2 inch margin on the two vertical sides. The right-hand 5 inches of the top 2-1/2 inches shall be reserved for recording information
- The upper left 3.5 x 2.5 inches of the first page is to be used for the name of the party requesting recordation and the return address so that the document can be returned correctly
- Immediately below the space reserved for the recorder's use on the first page, the document must have an identifying title
- The names of all the parties to be indexed must be contained in the document
- If a document references land, it must include a legal description. Recording references, if any, should be listed on the document
- Any exhibits and riders must be clearly marked as such and submitted with the related document
- Under all signatures or business names, the name must be clearly printed or typed
- Documents affecting real property must be properly notarized and acknowledged
- Any document that modifies or releases a previously recorded document must state the name of all affected or released parties, in addition to the recorder identification number or recorder's book and page of the document being modified or released
- If a document is transferring title, it must contain the assessor parcel number, the tax rate area of the property, and a completed Documentary Transfer Tax declaration. A completed and signed "Preliminary Change of Ownership" form must accompany the document
- Documents may contain only the last four digits of a social security number
RE-RECORDING
Effective January 1, 2016 any documents submitted for re-recording will need to be re-executed by the appropriate parties.
Re-execution includes new signatures, acknowledgments and/or verifications, depending on
the type of document being re-recorded.
A completed coversheet will be need to be included to provide adequate space for the new
recording information.
The reason for re-recording must be noted on the coversheet or on the face of the document.
The only exception that does not require re-execution of documents to be re-recorded is if it is done for the sole purpose of correcting the order in which the documents have been recorded.