Legal Question in Real Estate Law in California
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I was looking at two property deeds. One deed is a grant deed (GIFT). It says there is no documentary transfer tax due. No consideration. This is a gift. It reads that it costs $20.00 for a recording fee.
The other deed is a grant deed. It was to go into a Trust. There is no documentary tax due on this one either, but it shows the recording fee is only $10.00. Why does the gift deed cost $20.00 to record and the other deed cost only $10.00?
Does it cost extra to record a deed if there are two people on the same deed? Thank you for your expertise.
4 Answers from Attorneys
More than likely, the recording fees vary because of the number of pages recorded. That could happen if the property description is particularly large or is set out on a separate page. Or, they might differ because they're recorded in different counties. A transfer to a revocable trust set up by the grantor does not change the tax value of the property, by the way.
It does not cost extra to record a deed with more than one person.
Recording fees are set by statute. Generally, the number of pages governs the charge. The recorder's web site often has instructions for computing the fee. Some recording requires the recorder to collect additional charges for special purposes (such as the "monument fee") not directly connected with the recording process per se. All dicated by statute.
I don't see how you could record anything in Shasta County for $10.00. The minimum first page fee is $14.00. http://www.co.shasta.ca.us/index/recorder_index/fees.aspx
I agree with Mr. Whipple and Mr. Cohen. The fee depends on the statutory fee at the time, and the number of pages. If they are from two different dates, the fees may have changed, and you should see if there is a difference in the number of pages.
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