Recording Guidelines & Forms

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AB1466 Implementation Plan

 

General Recording Guidelines

With the Office of the Clerk/Recorder recording more than 200 different types of documents it is important to note the basic document requirements that our document examiners look for.  Please see below for what each document presented to our office must include or comply with.

Reminder:  Documents are examined only to determine if they meet “Recording Requirements,” which are very different from legal requirements. It is highly recommended that you speak with an attorney, title company representative, or other authorized individual for assistance. Only documents permitted by law may be recorded.  Although we would like to give you as much information as possible, under California law, our document examiners are PROHIBITED from providing legal advice or assisting in document preparation. (Section 6125 of the Business and Professions Code).

Assessor's Parcel Number (APN) and Situs
In accordance with Kings County Ordinances Sec. 22-73 (d)valid Assessor's Parcel Number(s) (APN) are required on the face of every document pertaining to real property that is submitted for recordation in Kings County. The current Assessor’s parcel number, or numbers, and the commonly known situs (street name and number) of the real property described therein are required on the face of the 1st page of the document. If these elements are missing, the document will not be recorded.

Recording Jurisdiction
Instruments entitled to be recorded must be recorded in the county in which the real property affected is located (Civil Code 1169)

Tax Statement
Instruments transferring title must have a tax statement mailing address. (Gov. Code 27321.5).

Form Standardization
Document must contain black or blue ink on white paper.  All pages must be 8 ½" by 11". There is a surcharge of $3 per page for every page of a document in which any portion of the document is not 8 ½" by 11".  Any page over 8 ½" by 14" will not be accepted for recording.  (Gov. Code 27361.5).

Requesting Party and Return Address
The left-hand 3 ½" of the top 2 ½" of the first page shall be used for the name of person requesting recordation and the name and mailing address where the document should be mailed after recording (Gov. Code 27361.6).

Reservation of Space
Document must have at least a ½" margin on the two vertical sides; the right-hand 5" of the top 2 ½" shall be reserved for the recorder label.  In the event the first page of the document does not contain sufficient space, a separate page shall be attached by the requesting party to the front of the document. This separate page is now considered the first page of the document (Gov. Code 27361.6).

Legibility/Photographability
Document must be legible and capable of producing a readable photographic record. 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 (Gov. Code 27361.7).

Document Titles
All document titles must be identified on the first page, immediately below the space reserved for the recorder label (Gov. Code 27324).

Exhibits
Exhibits must be clearly marked as such and submitted with the respective document (Gov. Code 27361.1).

Signatures
Document must contain original signatures OR be a certified copy of the original; certified copies must be unaltered (Gov. Code 27201(b)).

Legible Names of Party(ies) to be Indexed
Names of party(ies) to be indexed must be legibly printed or typed near all signatures and be consistent throughout the entire document (Gov. Code 27280.5).

Modifying or Releasing Interest
Any document which modifies or releases a previously recorded document shall state the names of all parties affected and being released, the county of recordation, the document number (or book and page), and the date of the recordation of the document being modified or released (Gov. Code 27361.6).

Other
Depending on the type of document, additional requirements apply.  Below is a list of the most common documents with descriptions.  By clicking on the name of the document you can review the basic recording requirements.

Document Title

Brief Description

Abstract of Judgment

A money judgement, issued in court, that when recorded creates a general lien on real property of the judgment debtor in the county in which the abstract is recorded.

Affidavit of Death

A document to verify the death of and identity of the decedent as a former interest holder in a specifically described or referred to real property

Certificate of Tax Lien

A lien for nonpayment of property taxes.

Deed (Grant, Quitclaim etc)

To transfer title to real property.

Easement

The granting of a right which one has in the land of another. It is either for the benefit of the land, such as a right to cross, or “in gross” such as a public utility easement.

Federal Tax Lien

A lien attaching to the property for nonpayment of federal tax

Mechanic’s Lien

Statutory lien in favor of laborers and material supplies who have performed work or furnished materials or supplies to a work of improvement. If not paid, they have a right to record a lien within a prescribed period of time.

Notice of Completion

Notice recorded under California mechanic’s lien law within 10 days after the completion of a structure. It shortens the time to file a mechanic’s lien.

Notice of Default

Recorded notice that default has occurred under a deed of trust. This is the first step in non-judicial foreclosure of a deed of trust.

Notice of Rescission

A recorded notice to rescind a notice of default of a mortgage or deed of trust

Power of Attorney

Instrument used to appoint an attorney-in-fact to evidence the delegation from a principal authorizing another person, as agent of principal, to act for him/her in his/her name in a designated capacity.

Release

Instrument releasing property from the lien of a mortgage, judgment, etc. In the case of a deed of trust this instrument would be title reconveyance.

Revocable Transfer on Death Deed

Transfer of real property to a designated beneficiary up on the death of the owner (transferor) without a probate hearing.

Trust Deed (Deed of Trust)

Document to evidence a three-party security instrument conveying title to land as security for the performance of an obligation, i.e.: a loan against the property.

 

Notice of Determination/Exemption are CEQA filings that are posted in our office but are administered by State of California Governor’s Office of Planning and Research.  You can find the 2024 Statutes & Guidelines Handbook here

If you have questions regarding the recording requirements on a document that is not listed here, please contact our office and we will be happy to provide it to you.  You can email us at ClerkRecorder@countofkingsca.gov or call us during normal business hours at (559) 852-2470.

Reminder: Although we would like to give you as much information as possible, under California law, our document examiners are PROHIBITED from providing legal advice or assisting in document preparation. (Section 6125 of the Business and Professions Code).

Forms 

Cover Sheet

SB2 Recorders Cover Sheet

Restricted Covenant Modification Coversheet

 

  • l documento debe aparecer en la primera página inmediatamente debajo de los espacios reservados para el remite y el registrador.
Los documentos que no cumplen con este requisito mínimo pueden no ser registrables o pueden requerir honorarios adicionales.

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