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In October 2022, the San Benito County Recorder’s Office launched a property fraud notification program as a courtesy to the public, recognizing property fraud as one of the fastest-growing forms of white-collar crime. The early local effort is now being reinforced through new state legislation.
California Senate Bill 255 (SB 255) establishes a statewide requirement for property recording notification programs, making such services mandatory for all counties beginning in 2027. Previously, counties had the option to offer notification services at their discretion. Under SB 255, every county recorder’s office will be required to notify property owners when certain real estate documents are recorded.
SB 255 requires county recorders to notify property owners when deeds, quitclaim deeds, mortgages, or deeds of trust are recorded in their name. The intent of the law is to provide an early notice system of potential fraud, allowing property owners to identify unauthorized or suspicious filings before they result in serious financial or legal consequences.
“San Benito County established this program as an opt-in feature early as a courtesy to our residents because we recognized the real impact property fraud can have on homeowners and businesses,” San Benito County Recorder, Francisco Diaz, said. “With SB 255 becoming mandatory notifications in 2027, we are prepared to manage and continue providing this service as required by law.”
Property fraud often occurs when scammers file falsified documents to illegally transfer ownership or place liens on a property. Once recorded, those documents may be used to sell the property, obtain loans, or otherwise profit from the fraud, frequently without the true owner’s knowledge. Banks and government agencies may have no immediate way to determine that a recorded document is fraudulent.
Under San Benito County’s refined notification program, property owners will receive a mailed notice whenever a document is recorded against their property. If a property owner believes a recording is suspicious or unauthorized, they are encouraged to contact the Recorder’s Office for review. If fraud is suspected, the property owner must then work with the District Attorney’s Office to begin the legal resolution process.
“Until a fraud issue is resolved, selling a home or obtaining a mortgage or refinancing can be extremely difficult,” Diaz said. “Early notification gives property owners a critical opportunity to respond before further damage is done.”
The importance of public awareness is of upmost importance, particularly for seniors and other vulnerable populations who are frequently targeted. Residents are urged to be cautious of solicitations offering to provide copies of deeds or other records for excessive fees.
“We’ve seen people charged as much as $90 for copies of documents that are readily available from the Recorder’s Office for a much more reasonable cost,” Diaz said. “Typically, these copies cost between $7 and $9.”
In addition to mailed notifications, the Recorder’s Office will continue to support electronic fraud alert options that allow residents to receive same day notifications when recordation of documents occurs on their property. To sign-up for the electronic fraud alert options, please visit: https://www.sanbenitocounty-ca-cre.gov/recorder/property-
fraud-protection-program.
For more information about the property fraud notification program, residents may contact the San Benito County Recorder’s Office at (831) 636-4029 or to sign-up for the electronic fraud alert options, please visit: https://www.sanbenitocounty-ca-
cre.gov/recorder/property-fraud-protection-program.