Santa Clara Deed Records
Deed records for Santa Clara are kept by Santa Clara County Clerk-Recorder in San Jose. The city does not maintain its own deed files. All property transfers in Santa Clara go through the county system. You can visit the county office in person or request documents by mail. Santa Clara has a population over 127,000 and is located in the heart of Silicon Valley. The county recently stopped offering online search of the official record index due to a policy change. This means most deed research now requires in-person visits or working with a title company that has access to private databases.
Santa Clara Quick Facts
Santa Clara County Clerk-Recorder
Santa Clara County Clerk-Recorder handles all deed filings for the city of Santa Clara. The office is at 110 West Tasman Drive, First Floor, in San Jose. Call (408) 299-5688 or email clkmail@rec.sccgov.org with questions. Office hours are Monday through Friday during normal business times. Check their website for exact hours and holiday closures.
You can file deeds in person, by mail, or through electronic recording. Most real estate professionals use eRecording for speed and reliability. Paper documents take longer to process. The county assigns a document number to each recorded deed and adds it to the index. Once recorded, a deed becomes part of the public record even though the county no longer offers online index searches to the general public.
For more information about Santa Clara County's deed recording services, visit the Santa Clara County deed records page where you can find detailed information about the recorder office, fees, and how to request copies of property documents for Santa Clara and all other cities in the county.
How to Find Santa Clara Deeds
Santa Clara County removed public online access to the official record index per county executive directive. This means you cannot search for deed records on the county website like you can in most other California counties. Instead, you must visit the recorder office in San Jose to search in person or hire a title company to do a search for you.
Title companies have access to private databases that compile deed records from the county index. They can search by name, address, or legal description. If you need to find a deed for a Santa Clara property, contact a local title company or real estate attorney. They can pull the records for you for a fee.
Another option is to visit the county clerk-recorder office in person. They have computer terminals where you can search the index and request copies of documents. Staff can help you learn how to use the system. Bring the property address or the owner name to make your search easier. If you do not know the exact address, bring as much info as you can.
Most deeds in Santa Clara are grant deeds. These transfer ownership with implied covenants that the seller has not sold the property to another person and the property is free from hidden liens. Quitclaim deeds appear in family transfers and to fix title issues. Deeds of trust are used for mortgages and refinancing.
Recording Fees
Santa Clara County charges $25 to record the first page of a deed. This includes the base fee plus the fraud prevention fee. Each additional page costs $3. Most deeds are two or three pages. Add the SB2 fee of $75 for real estate transactions. The SB2 fee funds affordable housing under state law.
If you need a certified copy of a deed, the county charges $4 for the first page, $2 for each additional page, and $2 for certification. Certified copies have the county seal and a signed certificate. Courts and lenders require certified copies. Plain copies cost less but do not have the seal so they cannot be used for official purposes.
Documentary transfer tax in Santa Clara County is 55 cents per $500 of the purchase price. The city of Santa Clara does not charge an additional city transfer tax on most sales. However, the city passed Measure E which adds a transfer tax on properties valued at $2.3 million or more. Check with your title company about whether Measure E applies to your transaction.
California Deed Laws
All deed recordings in California follow state statutes. The key law is Civil Code Section 1091 which says real property transfers must be in writing and signed. Oral agreements to transfer land are not valid in California. The deed must be written and recorded to give proper notice.
Grant deeds include implied covenants under Civil Code Section 1113 which says the grantor promises they have not conveyed the property to anyone else and the property is free from encumbrances except those disclosed. These promises are automatic when you use a grant deed. You do not have to write them out.
County recorders have duties set by Government Code Section 27201 which requires them to record documents that meet legal standards and for which proper fees are paid. The recorder cannot give legal advice or tell you if your deed is correct. They only check format and signatures.
Recording a deed gives constructive notice under Civil Code Sections 1213-1214 which establish California's race-notice recording system. The first buyer to record usually wins if there are competing claims. Always record your deed as soon as possible after closing to protect your interest.
Other Santa Clara County Cities
Santa Clara County has several large cities that all use the same county recorder. Nearby cities include:
All Santa Clara County residents file deeds at the same county office in San Jose regardless of which city they live in. Recording fees and most transfer tax rates are the same countywide. Some cities like San Jose and Mountain View have additional city transfer taxes. Santa Clara has a transfer tax on high-value properties under Measure E. Check with your title company about local taxes before closing.