Garden Grove, CA asked in Real Estate Law and Probate for California

Q: Does the ASSESSOR charge fees for submitting change of ownership forms in LA, CAL?

I filed a new GRANT Deed AT THE Registrar's office, then emailed the ASSESSOR about the forms that HE NEEDS. THE office sent me a list of 3 forms--Change in OWNERSHIP, PARENT-CHLD exclusion, & HOMEOWNER's exemption, but no list of cost; he also said to sign, scan and email, not go in person. IS THAT RIGHT? What about the new deed--will he just look it up on the REG/rec's website? HE did not ask for it.

I ALSO wonder why the RECORDER charged me $75 for a homestead DECLARATION IN LA. I live in the house, always did, inherited it, and filed a form to avoid DOCUMENTARY TAX and SB2 tax (27388.1a2 and 27388.2b), claiming exemption because 'recorded in connection with real residential property that is owner occupied.' The clerk removed the form, handed it to me, said, 'NO GOOD' or similar words, and charged me the $75 for SB2!! Was she correct? DID I have the wrong form for exemption? DOES ANY form exist for exemption from SB2 in conjunction with A HOMESTEAD DECLARATION?

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2 Lawyer Answers
James L. Arrasmith
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A: This question covers several aspects of property ownership changes and related fees in Los Angeles County, California. I'll address each part of the question:

1. Assessor's fees for change of ownership forms:

Typically, the Los Angeles County Assessor's Office does not charge fees for submitting change of ownership forms. The process described (emailing forms) is consistent with their current practices, especially given recent trends toward digital submissions.

2. New deed submission:

The Assessor's office usually obtains information about new deeds directly from the Registrar-Recorder's office. You don't need to provide a copy of the deed to the Assessor unless specifically requested.

3. Homestead Declaration fee:

The $75 fee you were charged is likely the SB2 fee (Building Homes and Jobs Act fee), which is generally applied to real estate instrument recordings. There are some exemptions, but they're specific and limited.

4. Exemption from SB2 fee:

The exemption you attempted to claim (owner-occupied residential property) typically applies to transfers between family members, not to homestead declarations. Homestead declarations usually don't qualify for SB2 exemptions.

5. Correct exemption form:

For a homestead declaration, there isn't generally a form for exemption from the SB2 fee. The clerk's action in removing your exemption claim form and charging the fee was likely correct based on current regulations.

To ensure you have the most up-to-date and accurate information, I'd recommend:

1. Contacting the LA County Assessor's Office directly for confirmation about their specific procedures and any potential fees.

2. Consulting with a local real estate attorney who can provide personalized advice based on your specific situation and the latest local regulations.

3. Checking the LA County Registrar-Recorder/County Clerk's website for the most current information on fees and exemptions related to document recording.

Remember, real estate and tax laws can be complex and subject to change. It's always best to verify current procedures with the relevant county offices or seek professional legal advice for your specific situation.

1 user found this answer helpful

A: These are administrative fees. You can ask the clerk what the charge was for and get the details. if it is unreasonably high you can report them. However, $75 for recording does not seem to be excessive.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

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