California Sample Letter for Warranty Deed - Recordation in Courthouse
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How to fill out Sample Letter For Warranty Deed - Recordation In Courthouse?
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FAQ
In California, this is typically handled by title insurance, so warranty deeds are unneeded and potentially confusing. A trust deed or deed of trust is never used to transfer ownership (not even to a trust). It is the functional equivalent of a mortgage.
Not recording a deed can cause problems for the grantee. They may be unable to obtain a mortgage, insure the property, or sell it. Even more problematic, an unrecorded deed may make it possible for the grantor to sell the property to a buyer and subsequently sell the same property to a different buyer.
The requirements for a valid deed are a grantor, a grantee, a writing and subscription, delivery, and acceptance. Recordation is not required. Thus, an unrecorded deed is valid as between the parties and as to all those who have notice thereof.
A deed submitted for recording in California must list the name of the person requesting recording and the address where the document should be returned after recording. The name and return address are added on the left-hand side of the top margin of the deed's first page.
While recording a deed does not affect its validity, it is extremely important to record since recordation protects the grantee. If a grantee fails to record, and another deed or any other document encumbering or affecting the title is recorded, the first grantee is in jeopardy.
Any time owners make a change to the title of real estate, they must record a deed with the County Recorder.
A general warranty deed must include the following to be valid: The name and address of the seller (called the grantor) The name and address of the buyer (called the grantee) A legal description of the property (found on the previous deed) A statement that the grantor is transferring the property to the grantee.
