Legal Question in Real Estate Law in California

How late can a Quitclaim Deed be filed after being signed and notarized between

If a QuitClaim Deed is signed, notarized between(Owner & Renter) but not

filed w/the Mortgage Lender or Title company by the Renter, would the

Renter be able to file it now even though she neglegently let it proceed to the

point of forcloser? (Though Not Foreclosed On Yet. An agreement was made

between Owner and Lender to pay $3865.00 by 7-30-04.) The agreement

between the Owner and Renter was that the renter would be responsible for

making all payments on time to the lender but the Renter kept this default

amount and preeminent foreclosure status HIDDEN from Owner/TITLE

HOLDER which damaged Owner's credit score and violated their mutual

agreement! The Title Holder had no idea that Renter was consistantly making

the payments late until she tried to get approved for a loan/buy a house and

found the damage on her credit report. How late can the Quitclaim Deed that

is still in the possesion of the Renter be filed after being signed and notarized

between Owner and Renter.


Asked on 7/29/04, 5:15 pm

3 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: How late can a Quitclaim Deed be filed after being signed and notarized betw

This sounds messy.

Deeds are effective upon execution and delivery. Recording only puts the world on notice of the transfer. The foreclosure is irrelevant with respect to transfer of the property via the deed.

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Answered on 7/29/04, 5:22 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: How late can a Quitclaim Deed be filed after being signed and notarized betw

Execution and delivery of the quitclaim deed is all that is needed to transfer title of the property to the "renter." Hence, the "renter," can record the deed with the county recorder at any time, and it will be effective as between you and the renter.

Of couse, whether title to the property was ever transferred to the renter, and whether the renter ever recorded the quitclaim deed, has nothing to do with the loan on the property. Unfortunately, simply giving the property to someone else does not relieve you of the obligation to pay the loan off. The two are completely separate and independent issues.

You should immediately seek the services of an attorney in your area who practices in real estate and real estate litigation. You probably have a cause of action against the renter. However, unless you do something to stop the foreclosue (i.e., pay the amount demanded by the lender), the property will be lost, and your only remedy will be to sue the renter for the "damges" you have incurred (i.e., the value of the property, or your out-of-pocket damages, among other things).

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Answered on 7/29/04, 5:25 pm
Larry Rothman Larry Rothman & Associates

Re: How late can a Quitclaim Deed be filed after being signed and notarized betw

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

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Answered on 7/31/04, 2:04 pm


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