What are the implications of an unrecorded deed?
Unrecorded deeds can present many issues for sellers (or grantors) and buyers (or grantees), such as proof of ownership and tax implications. A buyer could encounter great difficulty in selling, insuring, or obtaining loans for a property if financial institutions and insurance companies cannot establish clear title.
Can a deed be invalid?
The High Court has held that a defective deed may be enforced as a simple contract, so long as the document is valid as a contract and it is not a matter for which a deed is required.
How can I correct a California quitclaim deed?
The first step is to change the title of the deed. This allows third parties—like title companies and lenders—to easily see that the document is being filed to correct a prior deed. Assume, for example, that the prior deed is a California quitclaim deed.
When to remove a deceased owner from a title deed?
Many people want to remove a deceased owner from title to real estate after the owner’s death. This is often done to clear up tax records or to allow the surviving owners to deal with the property. Removing a deceased owner can be very simple or very complicated, depending on the circumstances.
Is there a way to correct the title of a deed?
The first step is to change the title of the deed. This allows third parties—like title companies and lenders—to easily see that the document is being filed to correct a prior deed. Assume, for example, that the prior deed is a California quitclaim deed. In that case, the deed title will probably be “Quitclaim Deed.”
How do you get a notary to sign a quitclaim deed?
Gather all of the owners of the property before a notary public–most banks and law offices have one. Have all participants sign and date the new deed in the presence of the notary, and then have the notary sign and date as a witness. Usually there’s a small fee for the notary’s services.