Deeds are legal documents that describe land or property that an individual is transferring or selling. This document includes the names of all parties involved, the signature of the individual who is transferring the property, and is notarized to verify its validity.
Deeds are important to record because they put the public on notice of the owner. If an individual has a deed they need to record, they need to visit the county recorder’s office.
There may be a small fee for this service, but that fee outweighs the possibility of facing issues such as boundary disputes, tax assessments, or divorces. For more information on what a deed means as well as how to ensure it is properly recorded, an individual should consult with a deeds of transfer lawyer.
What Does It Mean To Record a Deed in California?
As noted above, it is important for an individual to record a deed in California. Even though there is no law that requires an individual to do so, if they do not, future purchasers, lenders, and title companies will not be able to verify their ownership.
It is very easy to record a deed in California. An individual simply visits the recorder’s office in the county where the property is located. This will provide a timestamp showing the individual’s ownership in the county’s permanent records.
Once the process is complete, the recorder of deeds will provide a certified copy, typically by mail. Every state has its own recording acts, so the requirements may be different in different counties.
By recording a deed in the county office, anyone who examines the records at a later time will be able to follow the chain of title. If an individual has any questions about recording a deed, the requirements in their county, or how recording their deed can be beneficial, it is important to have a legal consultation in California.
Are There Different Types of Deeds in California?
In California, as in other states, there are several different types of deeds that can be used to transfer property, which are discussed below.
Quitclaim deed
With a quitclaim deed, an individual transfers whatever ownership rights they have, if they have any. With this type of deed, there is no guarantee that the seller actually has any rights to the property or that issues will not occur at a later date.
General warranty deed
A general warranty deed provides the most safety when transferring property, which is why it is typically required by mortgage lenders in the majority of conventional home sales. With this type of deed, if an issue arises in the future, such as a tax lien, the seller is responsible because they vouch for their ownership as well as previous owners.
Limited warranty deed
A limited warranty deed is a middle ground. With this deed, a seller certifies that there is nothing that affected their title during ownership but they cannot guarantee about earlier owners.
Commercial sellers and buyers often use this type of deed because it fulfills legal requirements without the burden of previous owner guarantees.
What type of deed an individual uses will depend on their financial requirements and property type. For more information on what type of deed may be required for an individual’s transaction, they should reach out to a California lawyer.
In California, What Type of Deed Is Most Commonly Used?
In California, a general warranty deed is most commonly used in the majority of real estate sales. Warranty deeds provide guarantees, called covenants, that make it the strongest type of deed.
Real estate professionals and lenders prefer this type of deed because it reviews all previous sales and makes the present seller responsible for any hidden defects.
A general warranty deed provides that the seller does own the property and that they have legal right to sell it. It guarantees there are no debts, loans, or other claims against the property, whether prior to or during the current seller’s ownership. If legal issues do arise in the future, the seller will be responsible for fixing them.
In commercial settings, the limited warranted deed is most commonly used. As previously noted, this deed only covers the time when the current seller owned the property.
Quitclaim deeds are the least favored type of deed as they do not provide any guarantees at all. When an individual is deciding which type of deed is best for their real estate transaction in California, they should reach out to an attorney to get a complete understanding of the requirements and guarantees each type of deed provides.
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How Do Liens and Title Issues Relate to a Deed?
When an individual purchases a residence, the deed makes the sale official. It outlines the legal protections provided. Typically, a seller cannot simply choose which they want to use, but the condition of the property and the type of sale will determine what is needed.
A lien is the most common restriction that is found on a piece of property. These are used when an owner owes money to the bank, did not pay a tax bill, or other items are unpaid. Each of these creditors will have a claim to the title and a clean sale cannot occur until the bills are satisfied.
Typically, there will not be a general warranty deed associated with a property that has a lien. If there was a lien, a general warranty deed could not be used because the guarantee that no other creditor or individual has a claim to the property would not be accurate.
It is important to note that if an individual does not pay their property tax, their property may be sold at auction, or tax deed sale. This can occur regardless of the type of ownership deed they received.
Having an understanding of liens and title issues that may be related to different types of deeds can help an individual ensure their property purchase or transfer is properly executed and what their responsibilities may be in the future.
If I Inherited a Property in California, How Do I Get a Deed?
If an individual has inherited property in California, there are a couple of ways they can obtain a deed. If the owner of the property who passed away signed a Transfer on Death (TOD) deed, the property will pass to the new owner automatically.
If a transfer on death deed was not provided, the recipient of the property will need to go through the probate process. This will involve providing the necessary legal documents, an affidavit of death of transferor, and filing the updated deed in the proper county.
If an individual has any questions about this process in California, they should consult with a local attorney.
Do I Need a Lawyer To Transfer a Deed in California?
If you have any questions or concerns about transferring a deed in California, it is essential to consult with a California real estate attorney. It is important to ensure that you have the proper type of deed and that your real estate transaction is properly completed to avoid any future issues.
You can easily and conveniently use LegalMatch’s no cost lawyer matching services to find a real estate lawyer near you in California who can help, whether you simply need advice or you want help throughout the process. Having a lawyer review any documents involved in your transaction will ensure you are protected in the years to come.
With LegalMatch, you are matched with pre-screened and California licensed real estate lawyers who are familiar with the local requirements and ready to help.
