To be exempt from the Real Estate Fraud Prosecution fee, a document presented for recording must have on the first/lead page, one of the following:
- A Documentary Transfer Tax declaration, stating that the transfer is subject to the tax, and including the amount of tax due (the amount of tax due may be on a separate paper pursuant to Revenue and Taxation Code section 11932); or
- When recording additional documents at the same time in connection with a document subject to documentary transfer tax, the statement: Exempt from fee under GC 27388; recorded concurrently in connection with a transfer subject to the imposition of documentary transfer tax; or
- When recording documents later in connection to the recording of a document subject to documentary transfer tax, the statement: Exempt from fee under GC 27388; recorded in connection with a transfer subject to the imposition of documentary transfer tax previously recorded in Book ___, Page ___. The Book and Page of the document subject to documentary transfer tax must be entered in the statement as indicated.
Failure to include one of the above statements will result in the imposition of the Real Estate Fraud Prosecution fee. Such fee collected will not be available for refund. For more information, contact our office.