Legal Question in Real Estate Law in California

Re: recording date or public notary date?

You need to check with the Recorders Office. If you use today's date there will be a higher assessed value and more yearly taxes to pay, but if you use the 1999 date the assessed value will be lower but they may charge you a penalty for not telling them back then so that they could have adjusted the appraised value at that time. Legally, the proper date would be 1999 because that is when ownership changed hands, even though the transfer was not recorded [the purpose of recording is to tell subsequent buyers that you are the new owner; filing gives them imputed notice].

Re: recording date or public notary date?

In theory, I suppose, the property should be reappraised and reassessed as of the day title is transferred, which is neither the recording date nor the date of creation of the document, and not even the date you sign it before a notary. Rather, a deed transfers title as of the instant it is delivered, properly executed, to the possession (actual or constructive) of the grantee.

It's entirely possible that the Orange County Recorder will ask you to specify when title passed, or will hunt through the deed looking for dates. On the other hand, it's also pretty likely the county will just reassess as of the recording date.

County practices differ, as does the eyesight of the individual clerks.