Contra Costa Clerk

This page displays the most recent California

Law and Clerk Recorder Policy Updates

***EFFECTIVE 01/01/2013***

Pursuant to SB 1342, the highest fee that may be charged to fund a Real Estate Fraud Prosecution Trust Fund is $10, upon adoption of a resolution by the Board of Supervisors. Contra Costa County charges $3 on eight specific document types, and is not planning on increasing the fee at this time. This bill redefines what a “real estate instrument” is and adds twenty additional document titles to what we currently collect the fee on. Effective on January 1, 2013, the following documents will be charged the additional $3 REF (Real Estate Fraud) fee:

· Abstract of Judgment

· Affidavit

· Amended Deed of Trust

· Assignment of Deed of Trust

· Assignment of Lease

· Assignment of Rents

· Construction Deed of Trust

· Declaration of Homestead

· Deed of Trust

· Easement

· Lease

· Lien

· Lot Line Adjustment

· Covenants, Conditions & Restrictions (CC&R)

· Mechanic’s Lien

· Modification of Deed of Trust

· Notice of Completion

· Notice of Default

· Notice of Trustee’s Sale

· Quitclaim Deed

· Reconveyance

· Release

· Request For Notice

· Rescission of Notice of Default

· Subordination Agreement

· Substitution of Trustee

· Trustee’s Deed Upon Sale

· UCC 3 (Amendment, Assignment, Continuation, Termination)

Fee Change Notification

Pursuant to Assembly Bill 1053, approved by the Governor on October 2, 2011, the fees for copies of Birth, Death and Fetal Death certificates will be increased by a total of $6.00. The fee increase will be applied incrementally over a three-year period. Beginning on January 1, 2013 the following copy fees will apply:

BIRTH CERTIFICATE $26

DEATH CERTIFICATE $19

FETAL DEATH CERTIFICATE $16

Fraud Notification Project

Contra Costa County District Attorney Mark A. Peterson, in joint cooperation with County Clerk-Recorder Steve Weir, announces the implementation of a real estate fraud notification program. This process is made possible with the assistance of the County Assessor Gus Kramer, through intra-county data sharing.

Beginning November 15, 2011, citizens will be notified by mail if certain real estate recordings occur pertaining to their property. In order to identify the transaction, the notifications will include copies of the first two pages of the subject documents.

Property owners are usually aware of these recorded transactions. However, if the recording was not authorized by the owner or the owner feels potential fraud may be taking place, a dedicated phone number at the District Attorney’s Real Estate Fraud Unit will be provided. The property owner will be able to inquire about the details of the transaction or notify the District Attorney of potential fraud.

Contra Costa County recognizes the potential for real estate fraud is a serious problem. District Attorney Mark A. Peterson and County Clerk-Recorder Stephen L. Weir are committed to the prevention and prosecution of real estate fraud. The Board of Supervisors approved this program by resolution on August 2, 2011.

Passport Related Updates

Please note, the Contra Costa County Clerk-Recorder's Office will no longer be accepting United States Passport Applications after January 31, 2011. To locate an Acceptance Facility near you, please go to: http://iafdb.travel.state.gov

Proposition 8

The Ninth Circuit court of Appeals has ordered that the district court's decision in Perry v. Schwarzenegger (Case No. 09-2292) be stayed pending appeal. The Ninth circuit Court has ordered that the appeal be heard during the week of December 6, 2010. In the meantime, the County Clerk's Office cannot issue marriage licenses to same-sex couples. This website will be updated as new information becomes available.

What you should know about The Name Equality Act of 2007

(AB 102 Ch 567, Statutes of 2007)

Based on the constitutional provisions for implementation of state ballot propositions and the semi-official results as reported by the Secretary of State, we are suspending issuing licensing and performing civil marriage ceremonies for same-sex couples.

New Law Regarding Social Security Numbers

Effective January 1, 2008 Section 1798.89 of the Civil Code is added to read:

Unless otherwise required to do so by state or federal law, no person, entity or government agency shall present for recording or filing with a county recorder a document that is required by any provision of law to be open to the public if that record displays more than the last four digits of a social security number.