- Home
- Clerk-Recorder
- Other Services
- Recording
- Basic Recording Requirements
Basic Recording Requirements
While we cannot give legal advice, we can provide you with the requirements to make your document acceptable for recording. See below to learn more about each recording requirement pursuant to Government Code 27320 - 27338.
The upper left-hand corner of each document is intended for use by the public to show the person(s) requesting recording.
The upper left - hand corner of each document is intended for use by the public to show the name and address to whom the document should be returned.
Except as otherwise provided by law or regulation, all documents submitted for recording shall have at least a 1/2-inch margin on the two vertical sides except in the space reserved for recording information. At least the top 2 1/2 inches of the first page or sheet shall be reserved for recording information. The left-hand 3 1/2 inches of the space shall be used by the public to show the name of the person requesting recording and the name and address to which the document is to be returned following recording. In the event the first page or sheet of a document does not comply with these requirements, a separate page shall be attached by the party requesting recording to the front of the document which meets these criteria, and which reflects the title, or titles of the document as required by Section 27324.
Each instrument, paper, or notice presented for recordation shall have a title or titles indicating the kind, or kinds of documents contained therein. The recorder shall be required to index only that title or titles captioned on the first page of a document immediately below the space reserved for the recorder. Additional titles may be identified and indexed at the discretion of the recorder.
Whenever a document, or portion of a document, is not sufficiently legible to produce a readable photographic record, a legible copy may be attached and shall be certified by the party creating the copy to be a true copy of the original. Legible copy also pertains to notary seals, certificates and other appendages thereto.
Whenever a document, or portion of a document, is in a foreign language, an English translation, certified by the county clerk, may be attached thereto and subsequently recorded. A document which has a foreign language apostille attached and which has been executed outside the United States may be recorded without a translation of the apostille. Notices of Default and Notices of Trustee Sale may be recorded without translation if the summary is included and contains languages other than English. Government Code 8, 27293; AG OPINION 82 - 1209; CC - 2923.3
The names of parties required to be indexed appearing in any instrument, paper, or notice presented for recordation shall be legibly signed, typed, or printed therein before acceptance by the county recorder. The names of all persons executing or witnessing a document shall be legibly signed.
Signatures must be original unless the document is a certified copy issued by the appropriate custodian of the public record. Government Code 27201(b)(1), 27280.5; CC - 1213, 1218.
Unless it belongs to the class provided for in either Sections 27282 to 27286, inclusive, or Section 1202 or 1203, of the Civil Code, or is a fictitious mortgage or deed of trust as provided in Section 2952 or 2963 of the Civil Code, or is a fictitious oil and gas lease as provided in Section 1219 of the Civil Code, or is a claim of lien under Section 8416 of the Civil Code or a notice of completion under Section 8182 of 9204 of the Civil Code, before an instrument can be recorded its execution shall be acknowledged by the person executing it, or if executed by a corporation, by is president or secretary or other person executing it on behalf of the corporation, or, except for any power of attorney, quitclaim deed, grant deed, mortgage, deed of trust, security agreement, or other document affecting real property, proved by subscribing witness or as provide in Sections 1198 and 1199 of the Civil Code, and the acknowledgment of proof certified as prescribed by law. This section shall not apply to a trustee’s deed resulting from a decree of foreclosure, or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, or to a deed of reconveyance. Rev. 2016, GOVT - 27287
Each instrument, paper, or notice that is re-recorded shall be executed and acknowledged or verified as a new document, in addition to any previous execution and acknowledgment or verification, unless any of the following apply:
A. The instrument, paper, or notice is otherwise exempted by Section 27287 or any other law.
B. The instrument, paper, or notice is presented solely to correct a recording sequence. The intent of the parties with regard to the priority of recorded documents shall be controlling regardless of the sequence of recording by a county recorder or the sequence of recording specified in instructions given by a submitter to a county recorder. This subparagraph is declaratory of existing law, and any rerecording of documents to change the sequential numbers assigned to a document by the recorder shall not require the document to be executed and acknowledged or verified as a new document.
C. The instrument, paper, or notice is presented solely to make a minor correction with a Corrective Affidavit Form with Cover Page (PDF). The corrective affidavit shall satisfy all of the following:
1. Be attached to the original recorded instrument, paper, or notice.
2. Set out the information corrected.
3. Be certified by the party submitting the affidavit under penalty of perjury.
4. Be acknowledged pursuant to Section 27287.
For purposes of item C, “minor correction” includes any of the following:
• An incorrect or missing address of the party to which the instrument, paper, or notice is to be returned following recording pursuant to Section 27361.6.
• A clarification of illegible text pursuant to Section 27361.7.
• An incorrect or missing printed or typed name of an individual or entity near the signature pursuant to Section 27280.5.
• An incorrect or missing documentary transfer tax amount due pursuant to Section 11932 of the Revenue and Taxation Code.
Each re-recorded instrument, paper, or notice shall include a cover sheet that complies with Section 27361.6 and shall state the reason for rerecording on the cover sheet. (Section added 2017 Release) Government Code 27201 (c)(1) - 27201 (c) (2).
Government Code 27360 - 27388.2
For a comprehensive list of our current fees payable at the time of service, please refer to our Recording Fees schedule. Our team is ready to help with fee determinations, and we advise you to contact our office at 530-666-8130 to speak with a recording specialist prior to submitting your document by mail.