- February 11, 2021
- Posted by: michellene
- Category: eRecording, Jurisdictions
California Senate Bill 2 (SB2) was passed in 2017 and became effective Jan 1, 2018. This bill can affect Buyers, Sellers, and Refinance Borrowers by adding a $75 surcharge or more to each document being recorded.
There are several exemptions that consumers can claim to have the SB2 fee waived.
- If you are recording a Deed that is subject to Documentary Transfer Tax, that Deed and any document in the same transaction that needs to be recorded are exempt from the surcharge.
- If you are recording a Deed that is NOT subject to Documentary Transfer Tax, but the Grantee is going to occupy the property as a principal residence, that Deed and any documents in the same transaction will also be exempt.
- If your document is not related to Real Property, your document is exempt from the fee.
- If your transaction does not meet any of the exemptions listed above, one or more of the documents in your transaction may still qualify for the exemption based on the SB2 fee cap ($225) being reached.
If there is no qualifying exemption for the documents, the surcharge of $75 is charged for every document title that needs to be recorded and indexed. The maximum surcharge amount is $225 per transaction, per parcel.
Each County Recorder office has variations of interpretation of California Senate Bill 2 and follows different guidelines for determining indexable titles. This creates slight differences in the way fees are calculated and exemption qualifications are determined. SYNRGO has gathered the most current information from each recording jurisdiction to help you evaluate the fee structures and determine which surcharges should be applied.
The information gathered is offered as a courtesy, and is deemed reliable, but is not guaranteed. County Recorders can make changes at any time that may affect these details.
For a full copy of the SB2 bill, visit the California Legislative Information website and refer to Section 27388.1 (a)(1) and (2).
Download the SYNRGO SB2 County Recorder Matrix.
Need more help with recording? SYNRGO offers paper and e-recording solutions across California and Nationwide.
Contact us today to discuss your unique needs.