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California deed forms are documents used to transfer real estate property from the grantor (seller) to the grantee (buyer) in California. These documents differ based on the conditions surrounding the property transfer. While a kind of deed is used when the seller guarantees that only they have a claim to the title, another deed simply transfers the seller's interest in the title and offers no such guarantee. The state of California requires that all deeds must be signed before a Notary Public. This Guide will show you how to complete and record a deed in California.
There are four types of deeds used in California. They are grant deed, deed of trust, quitclaim deed, and revocable TOD deed.
A grant deed transfers property from the buyer to the seller with the warranty that the seller is the property owner and has the legal right to transfer it to the grantee.
Also known as 'Mortgage,’ it allows an owner to use the property as security for obtaining a loan. If the owner defaults on the loan, the property will either be foreclosed or given to the payee.
This type of deed is used to convey the grantor's interest in a property. The grantee should first conduct a property search to ascertain the interest being transferred.
The revocable TOD deed makes sure that your property goes to the beneficiary of your choice after your demise.
The Preliminary Change of Ownership (Form BOE-502-A) must be filed with every deed. The only exception to this rule is when the grantee is not locally assessed according to Revenue and Taxation Code Section 480.
All deeds must be recorded in the County Recorder’s Office.
All deeds must be signed before a notary (§ 27287).
All deeds must be filled according to the laws stated in § 27361.
The California Recording Requirements should be used to ensure the deed is completed correctly before filing.
To understand the property better, you must do a title search. This search will reveal all the property’s past title transfers. To do this, you’ll need to visit the recorder website for the county where the property is located.
You’ll find a list of all the county recorders and their websites on NETR Online. Although each county has its way of displaying its property search, most of them require either address of the property or the grantor’s name to search.
Using Orange County as an Example:
Go to Orange County’s official website.
Click on “services,” “property documents,” and then “Official Record Copies.”
You’ll be brought to this page. Click on the “click here” link.
On the database page, click on “search” and then “official records.”
From here, you can either search by name, document number. Document type or recording date.