1. Documents must be drafted / prepared prior to recording. Attorneys, Legal Document Assistants, Escrow Officers, Title Companies or experienced Individuals can assist on the preparation of  legal documents.

2. The completed documents may be brought or dropped off to the Recorder's office for recording at 1601 Lana Way, Hollister, Ca 95023, or mailed to us.

3. An examination of each document is performed after a document is presented for recording to ensure recordability, readability and completeness. 

4. Accepted documents are recorded on a first come, first served basis with the proper fees collected.

5. If a document doesn't meet the recording requirements, the document will be rejected and a rejection letter will be provided. Detailed information of the missing requirements are listed for the individual to update their document and resubmit.

6. All recorded documents are kept in the office 1-2 business days, after they are recorded, for indexing and scanning. Recorded documents can only be mailed back to the address listed on the document. If an envelope is provided for mail back, ensure that the address on the envelope matches the address on the document for mail back.

Each document presented for recording MUST include or comply with the following general requirements:

• The property must be located in San Benito County.

• The document must be authorized or required by law to be recorded. (Govt. Code § 27201)

• The document must be submitted with the proper fees and applicable taxes.(Govt. Code § 6103)

• The document must be in compliance with state and local laws.

• The document, including the notary seal, must be legible and photographically reproducible. (Govt. 8207)

• Unless otherwise required to do so by a state or Federal law, a document shall not be presented for recording if it displays more than the last four digits of a social security number. (CC 1798.89)

• Certified copies of death, birth, and marriage certificates cannot be amended or altered by any means including redacting the social security numbers at submission.

• All re-recordings require the document to be re-signed and re-acknowledged except for those identified under Govt. Code § 27201 (C) (c)(1).

• The Preliminary Change of Ownership Report (PCOR) is needed for the recording of all Deeds, Affidavit of death, Easements and for Leases over 35 years. A $20 dollar penalty fee can be assessed if you choose not to provide the PCOR.  Rev & taxation code 480.3

• The Transfer Tax Affidavit (TTA) form is a San Benito County Ordinance requirement for all deeds recorded. Ordinance Code 5.03.001

ALL DOCUMENTS PRESENTED FOR RECORDING MUST BE ORIGINAL, MUST HAVE WET SIGNATURES OR BE A CERTIFIED COPY OF A GOVERNMENT AGENCY RECORD.  

Click to view an example guide of basic recording requirements.

The Documentary Transfer Tax is due on all changes of ownership unless an applicable statutory tax exemption is cited. It is computed at a rate of $.55 per $500 or fractional portion of real property value, excluding any liens or encumbrances already of record. Documentary transfer tax as well as the applicable city conveyance taxes are collected at the time of recording. (R&T11933).

Note: If the document is exempt from the Documentary Transfer Tax, indicate so by entering “0” on the tax line and provide a valid exemption from the Revenue & Taxation code along with a valid reason.  The tax declaration must be signed by the party computing the tax or claiming the exemption. 

Click to view the San Benito County Property Transfer Tax Ordinance

Disclaimer: The County Clerk-Recorder's Department does not endorse any of the following title companies. The outside links are to be used as general informational resources available to assist in the computation of the transfer tax for recording documents for. The County Clerk-Recorder's department makes no representation or warranty, expressed or implied, we do not assume liability. Your use of the outside resources is solely at your own risk.  

CTC Transfer Tax Calculator

ORT Transfer Tax Calculator

Preliminary Change of Ownership Report "PCOR"

In accordance with section 480.3 of the Revenue and Taxation code, a “Preliminary Change of Ownership Report” PCOR shall be completed and filed by the transferee (buyer) in the Recorder's office for the county where the property is located every time there is a transfer or change in ownership of property.  It must be submitted at the time of recording or a $20.00 penalty fee can be assessed in addition to the recording fees if no PCOR is provided. 

Preliminary Change of Ownership Form is a requirement from the Assessor's Department. The PCOR form is available from the Assessor's office and can be mailed to you upon request by calling the Assessor's office at  831-636-4033.

Click to view the PCOR form 

Transfer Tax Affidavit "TTA"

Per San Benito County Ordinance Code 5.03.001 a Documentary Transfer Tax affidavit must accompany any document that requires or may require Documentary Transfer Tax. The TTA must reflect the information declared on the first page of the Document Transfer Tax declaration. 

 Click to view the TTA form

For our complete Recording Fee Schedule, please click here.