Legal Question in Real Estate Law in California

I live in California and I have an unisured deed on a home that is paid in full, I was taken care of an elderly lady who signed her home over to me and died before it was recorded, because i mailed the quick deed form with a check which was for the wrong amount, The form was sent for additionl funds, the lady past away but the form was notorized but was recorded after the form was filed, the taxes come in my name but I want to sell it what can I do?


Asked on 6/26/11, 6:51 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, there is no such thing as a "quick deed." You probably mean "quitclaim deed."

Next, so long as the deed was delivered to you before the elderly lady died, and it is properly notarized, you should be able to record it. I would recommend that (if the deed is NOT already recorded) you take it to the recorder's office in person so there cannot be any more mail-related delays for this or that. Of course, I cannot guarantee you that someone will not come forward to contest the deed.

You won't be able to sell the home without record title being in your name, and that should be the result of recording the deed.

Further, I have no way of knowing whether the deed is in proper form and accurately executed. If there are obvious mistakes, that could be a ground for the recorder to refuse to record the deed. If there are not-so-obvious mistakes, those could cause difficulties in carrying out a sale transaction.

Once the deed is recorded, you might consider selecting a real estate broker to handle the sale. The selected broker can arrange for a preliminary title report, which will quickly tell whether you have a right to sell it or not. If the prelim shows any problems, then you'll probably need a lawyer.

You should of course be paying the property taxes once you are the owner.

Equitable title passed to you upon delivery of the deed, which gives you an upper hand, I believe, if there is a legal challenge by the elderly lady's estate or heirs.

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Answered on 6/26/11, 9:53 pm


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