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Date: |
August 18, 2026 and September 1, 2026 |
10 |
Title Title
Adopt a Resolution for the Establishment of a Recorder Notification and Title Theft Prevention Program and an Ordinance to Add Section 86.7(Q) to the San Diego County Code of Administrative Ordinances Pursuant to Senate Bill No. 255. (08/18/2026- first reading; 09/01/2026- second reading, or at a later date if the ordinance is amended). (Districts: All)
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Overview
In an effort to protect homeowners across the state from real estate fraud, San Diego County (“County”) Assessor/Recorder/County Clerk Jordan Z. Marks and the County Recorders Association of California led the effort with Senator Kelly Seyarto to pass Senate Bill No. 255 (“SB 255”). Enacted on October 6, 2025, SB 255 aims to enhance transparency and help prevent property title fraud by requiring every county to establish a recorder notification and fraud prevention program by January 1, 2027. Once established, this program mandates that property owners be notified by the County Recorder within 30 days of recording certain documents, such as deeds, quitclaim deeds, mortgages, or deeds of trust in order to prevent title theft.
SB 255 also authorizes the County Recorder to collect a reasonable fee in an amount that does not exceed the costs associated with establishing and administering the notification program from the party submitting the deed, quitclaim deed, mortgage, or deed of trust for recordation
Today’s actions include adopting a resolution for the establishment of the Recorder Notification and Title Theft Prevention Program (“Recorder Notification Program”) and introduces an ordinance adding a new section in Article IV-A of the County Code of Administrative Ordinances for the Recorder Notification Program fee, in accordance with SB 255 and Board Policy B-29. If approved, the ordinance will be scheduled for adoption on September 1, 2026. If the proposed ordinance is altered on August 18, 2026, then on that date a subsequent meeting date will be selected for the ordinance’s adoption. If the proposed ordinance is approved, the proposed changes will take effect after 120 days on January 1, 2027.
The Auditor & Controller has reviewed and approved the supporting documentation and methodology for establishing the fees and rates in this proposal for Fiscal Year 2026-27, as appropriate.
Body
Recommendation by Assessor/Recorder/County Clerk:
1) Adopt a Resolution entitled:
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING THE ESTABLISHMENT OF A RECORDER NOTIFICATION AND TITLE THEFT PREVENTION PROGRAM AND RELATED RECORDING REQUIREMENTS PURSUANT TO SENATE BILL NO. 255.
2) Approve the introduction of the following Ordinance (first reading):
AN ORDINANCE TO AMEND SECTION 86.7 OF THE SAN DIEGO CODE OF ADMINISTRATIVE ORDINANCES TO ADD SECTION 86.7(Q) RELATING TO FEES FOR THE RECORDER NOTIFICATION AND TITLE THEFT PREVENTION PROGRAM PURSUANT TO SENATE BILL NO. 255.
If, on August 18, 2026, the Board takes action as recommended, then, on September 1, 2026:
3) Consider and adopt the Ordinance (second reading):
AN ORDINANCE TO AMEND SECTION 86.7 OF THE SAN DIEGO CODE OF ADMINISTRATIVE ORDINANCES TO ADD SECTION 86.7(Q) RELATING TO FEES FOR THE RECORDER NOTIFICATION AND TITLE THEFT PREVENTION PROGRAM PURSUANT TO SENATE BILL NO. 255
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Equity Impact Statement
Many homeowners across California, especially seniors who are among the most frequently targeted and vulnerable to real estate title theft, lack access to affordable protection. Real estate fraud monitoring services deterring title theft can cost as much as $600 per year, a financial barrier for many families, retirees, and small business property owners. While the San Diego County (“County”) Assessor/Recorder/County Clerk (“ARCC”) offers a free “Owner Alert” electronic notification system, gaps in coverage have left too many homeowners unprotected, including seniors and families who have already fallen victim to this growing form of real estate fraud. Protecting homeowners is not optional, it is essential. Senate Bill 255 (“SB 255”) is focused on ensuring that every homeowner, regardless of age, income, or location, has the tools needed to detect and address title theft before it causes devastating financial harm. Timely mailed and electronic alerts act as a strong deterrent by immediately notifying property owners of any unauthorized activity, discouraging potential fraudsters and enabling early intervention. By prioritizing early alerts, broadening access, and strengthening protections, this initiative aims to defend homeowners, support seniors, and safeguard small businesses from the rising threat of real estate fraud.
SB 255 also authorizes ARCC to collect a fee from the party filing the deed, quitclaim deed, mortgage, or deed of trust in an amount that does not exceed the reasonable costs of services of the County to comply with these provisions and Board Policy B-29. ARCC has and continues to identify ways to reduce departmental costs to provide its services to the public. ARCC performed an analysis of the issuance of the notice, including the direct and indirect costs of performing the task, to ensure the proposed fee is not cost prohibitive for customers. Because the County Recorder is service-based and the funding source is fees paid by customers, full cost recovery ensures that County Recorder services do not reduce resources available to the entire region. ARCC remains committed to ensuring all communities across the county have access to its services, including those that have been historically underserved.
Sustainability Impact Statement
Implementation of the Recorder Notification Program is a benefit to property owners in preventing and detecting real estate fraud, unauthorized title transfers, and other fraudulent recording activities. This program contributes to the County of San Diego (“County”) Sustainability Goals of engaging the community in meaningful ways and providing just and equitable access to Assessor/Recorder/County Clerk’s (“ARCC”) services and policy decision-making. Keeping the public informed when a deed, quitclaim deed, mortgage, or deed of trust is recorded on their property is a major component of the program. It is a step in the right direction in government transparency and strives for County operations that reflect the County’s values and priorities.
The proposed action to add a fee to deeds, quitclaim deeds, mortgages, and deeds of trust received for recording will cover costs of the Recorder Notification Program. Through the analysis of costs associated with establishing and administering the notification program, ARCC ensures that the materials used (such as paper, toner, envelopes, and postage) are environmentally responsible and are not cost-prohibitive for customers while adhering to the County’s Strategic Initiative of Sustainability, aligning the County’s available resources with services to maintain fiscal stability and ensure long-term solvency. ARCC is also contracted with a local business for the mail preparation of the notices, including sorting and folding the documents; the contract was awarded by public competitive bid. The proposed actions align with the County of San Diego Sustainability Goal of promoting economic sustainability for all and the United Nations Sustainable Development Goals of decent work and economic growth.
Fiscal Impact
Funds for the proposed rates are not included in the Fiscal Year (FY) 2026-27 Operational Plan for ARCC. If approved, the proposed fee will result in an estimated revenue of $375,000 in FY 2026-27 and an ongoing estimated revenue of $750,000. Staff will return to the Board with recommendations for additional appropriations, if necessary, for the implementation and ongoing administration of the Recorder Notification Program. The proposed fee is estimated in an amount sufficient to recover full cost as required by Board Policy B-29: Fees, Grants, Revenue Contracts-Department Responsibility for Cost Recovery. Accordingly, there is no projected unrecovered cost, and a waiver of Board Policy B-29 is not needed. There will be no change in net General Fund costs and at this time no additional staffing.
Business Impact Statement
The Recorder Notification Program strengthens the integrity of the recording process and public trust by helping prevent real estate fraud, improving title record accuracy, and providing timely property activity notifications. These benefits support smoother, more transparent real estate transactions while reducing risks for property owners.
Real estate fraud causes substantial financial harm to property owners nationwide. The Federal Bureau of Investigation reports more than $275 million in losses across over 12,000 reported cases. California’s high property values make it particularly vulnerable to deed fraud, title theft, wire fraud, and other schemes that can jeopardize a family’s or business’s most valuable asset.
Commercial property monitoring services can cost approximately $600 per property annually. By comparison, this program provides similar notification benefits for a one-time fee of $5 per recorded document, offering a cost-effective and accessible fraud-prevention solution.
In terms of impact to the local economy, the fee changes will only impact customer requests to record deeds, quitclaim deeds, mortgages, and deeds of trust. The proposed fee changes are considered reasonable and of minimal impact on the title, escrow, and mortgage business community.
Advisory Board Statement
N/A
Background
Real estate fraud has affected property owners across the state for many years. Real estate fraud can take many forms, but a form that has risen in prominence is known as title fraud or deed fraud. Many homeowners, especially seniors who are among the most frequently targeted and vulnerable to real estate title theft, lack access to affordable protection.
The Federal Bureau of Investigation’s 2023 Internet Crime Report noted that in 2023, nationwide the Bureau received about 33,000 claims of real estate fraud totaling roughly $900 million from 2021-2023. These numbers amount to about 1.3% of all claims and 3% of all fraud losses in that time period.
Home title fraud, also called home title theft, typically begins with identity theft. Fraudsters may steal your identity, your Social Security number or other private information in order to forge title transfer documents. Common methods include a forged quitclaim deed, warranty or grant. The scammers then file the new paperwork with the appropriate parties, like county recorders, to record the transfer of ownership, all without your knowledge. Once your home's title is in the hands of scammers, you no longer technically own your home, even if you continue to make your mortgage payments. Scammers can use your home as collateral to refinance.
To close these gaps and strengthen safeguards statewide, Assessor/Recorder/County Clerk Jordan Z. Marks partnered with leaders across the state to implement Senate Bill 255 (“SB 255”), which is focused on ensuring that every homeowner, regardless of age, income, or location, has the tools needed to detect and address title theft before it causes devastating financial harm. Timely mailed and electronic alerts act as a strong deterrent by immediately notifying property owners of any unauthorized activity, discouraging potential fraudsters and enabling early intervention. By prioritizing early alerts, broadening access, and strengthening protections, this initiative aims to defend homeowners, support seniors, and safeguard small businesses from the rising threat of real estate fraud.
Government Code section (“GOV”) 27201 requires the County Recorder to accept for recordation any instrument, paper, or notice that is authorized or required to be recorded, subject to the collection of specified fees. GOV 27297.7 authorizes the County Recorder, within 30 days of recordation of a deed, quitclaim deed, mortgage, or deed of trust, to notify by mail the current assessee at the most recent address for mailing tax bills. GOV 27297.7 also authorizes the County Recorder to require, as a condition of recording, that a deed, quitclaim deed, mortgage, or deed of trust indicate the assessor’s identification number or numbers that fully contain the real property described in the legal description, in accordance with a specified format.
SB 255 requires each county in the state, on or before January 1, 2027, to establish a Recorder Notification Program, and requires the board of supervisors of each county to adopt an authorizing resolution for this purpose. Following the Board of Supervisor’s adoption of this resolution, the County Recorder must notify the current assessee at the most recent address used for mailing tax bills within 30 days of the recordation of a deed, quitclaim deed, mortgage, or deed of trust.
SB 255 also authorizes the County Recorder to collect a fee from the party filing the deed, quitclaim deed, mortgage, or deed of trust in an amount that does not exceed the reasonable costs of services of the County to comply with these provisions. The County Recorder conducted a fee study and identified supply costs and anticipated costs in relation to staffing for the issuance of the notice and correspondence with inquiring members of the public. The proposed fee is reasonable as they are based on the current cost of providing services and are not prohibitive to the public for the establishment of the mandated program. The Auditor and Controller has reviewed and approved the supporting documentation and the methodology for establishing the fee for the Recorder Notification Program.
Linkage To The County Of San Diego Strategic Plan
Today’s requested action supports the Sustainability Strategic Initiative in County of San Diego’s 2026-2031 Strategic Plan by aligning services to available resources to maintain fiscal stability and ensure long-term solvency.
Respectfully submitted,
Jordan Z. Marks
Assessor/Recorder/County Clerk
Attachment(s)
Attachment A - Resolution
Attachment B - Ordinance Informational Copy
Attachment C - Ordinance Clean Copy
Attachment D - Summary of Proposed Ordinance