Recorded Documents

Making Real Estate Changes Official

BASICS 

Whenever land changes hands in California, certain documents must be "recorded" (filed) with the county. Common recordable forms can be downloaded free from the Law Library's Forms Page (http://www.saclaw.org/pages/forms-page.aspx).  

The county recorder keeps these "title" documents as public records showing ownership of the land. Prospective buyers and lenders search these records to verify property ownership and whether property is subject to any mortgages, liens, or easements.

 In Sacramento County, as in many counties, the recorder's office is combined with the county clerk's office (http://www.ccr.saccounty.net/). The office is located at:

Sacramento County Clerk/Recorder
600 8th Street
Sacramento, CA 95814
(916) 874-6334

An index of records since 1965 (showing names and document titles, but not document contents) can be searched online at http://www.erosi.saccounty.net/. Records going back to 1850 can be searched in person. Copies of documents may be ordered from the Recorder's Office; see http://www.ccr.saccounty.net/Copies_OR.asp for details.

Commonly recorded documents include deeds, liens, homestead forms, affidavits of death of joint tenants or trustees, and other forms related to ownership of property. Documents must follow specific format and content requirements (see http://www.ccr.saccounty.net/R_CRules.asp).   

A documentary transfer tax is required for any recorded document reflecting the sale of real property. (Gifts and other non-sales are exempt.) Payment must be made when the document is recorded.  See http://www.ccr.saccounty.net/FAQ.asp for more information on this tax.

Documents transferring ownership (whether by sale, gift, or other transaction) must always be accompanied by a Preliminary Change of Ownership Report, available at http://www.assessor.saccounty.net/Forms/SAC_ASR_DF_Owenrship_Change.

SELF HELP BOOKS

These books are "plain English" explanations of the law, written by attorneys or other legal experts. Many of the books have CDs that supplement the text and provide forms. You can find these titles, and more, in the Library's Self Help Collection.

Deeds for California Real Estate  KFC170 .R36 2010  
This book, from respected self-help publisher Nolo Press, explains the recording system in California, and how to prepare, sign, and record a deed. It helps you decide what form of title to use when more than one person has an ownership interest (joint tenant, tenants in common, etc.).   

Other Nolo books that discuss real property transfers include For Sale by Owner in California (Chapter 2) and How to Probate an Estate in California (particularly Chapters 8, 10, and 12).  

Electronic Access: From any computer (library or home) via the Legal Information Reference Center, at http://bit.ly/sNPZJQ.  (The state is CA and password is Sacramento.)

PRACTICE GUIDES & FORMBOOKS

Although these types of books are written for attorneys, people representing themselves may also find these resources useful. These materials provide more detailed information than the self-help books. Formbooks often include samples of completed documents and forms to provide guidance for completing these papers. Here are a few of the many real estate books in the Law Library that include discussions of recording laws and recorded documents.

Recorders' Document Reference and Indexing Manual KFC100.R43 .R43 (Reference Desk)
This manual, produced by the County Recorders' Association of California, provides the user with basic document requirements, what can or cannot be recorded, and definitions common to legal documentation and the recording process. Best of all, it provides samples of hundreds of common and uncommon recordable documents, which can be customized to fit almost any situation.

Miller & Starr California Real Estate KFC140 .M51
This set of books provides a very in-depth look at real property transactions and disputes in California. Chapter 11 discusses "Recording and Priorities," while Chapter 12 focuses on "Holding Title."
Electronic Access:  On the law library computers, using the Westlaw database.

California Title Insurance Practice KFC300 .C34
This CEB book covers the business of issuing insurance guaranteeing clear title to property. To do this, the title company analyzes the recorded documents related to the property to generate a "title report." Chapter 4, "Title Search and Surveys," gives an in-depth look at how title companies create this report.
Electronic Access:  On the law library computers, using the OnLAW database.

FORMS

The Sacramento County Public Law Library has prepared fillable versions of common forms for your use. Most also have samples and instructions. Please note that these forms may not be suitable for all situations. You are advised to consult an attorney or do additional research before relying on them. These forms may be found at http://www.saclaw.org/pages/forms-page.aspx.  

You can find additional forms at stationary stores and on the Web, or by referring to the Recorders' Document Reference and Indexing Manual mentioned above. 

WEB SITES

e-ROSI: Sacramento County's Electronic Recorder Online System Index
http://www.erosi.saccounty.net/
An online index of records since 1965, showing grantee and grantor names and document titles, but not document contents. Earlier records must be searched in person. Copies of documents may be ordered from the Recorder's Office; for details, see http://www.ccr.saccounty.net/Copies_OR.asp.

California County Registrars and Recorders http://www.cdph.ca.gov/certlic/birthdeathmar/pages/countyrecorderoffice.aspx
A complete list of contact information for recorder's offices throughout California from  the California Department of Public Health.

COMMUNITY RESOURCES

Senior Legal Hotline
http://www.seniorlegalhotline.org/  
916-551-2140
The hotline provides free legal advice, information and referrals for many areas of civil law, including recording documents.
Eligibility: Sacramento residents 60 years of age or older.  

11/2011 kf