Legal Question in Real Estate Law in California
Anthony Roach and Timothy McCormick, you guys are outstanding in your field and I wanted to let you know that your expertise and opinions have been greatly appreciated, thanks-
I have the original grant deed of a property that was to be transferred. It has no signatures on it but has a notarized stamp. Is this an unfinished deed transfer? Thank you
2 Answers from Attorneys
It is a non-starter deed. The notary should be reported. It is inexcusable for a notary to endorse an unsigned document. That piece of paper can never be valid now. The notary must do their "mojo" AFTER the document is signed.
I agree with Mr. McCormick. The grantor must sign the grant deed in order to validly convey title to the property. The notary is supposed to function as a fraud prevention device, to allow recordation of the deed, by either witnessing the grantor sign, or acknowledge that the signature is the grantor's. In this case, the notary has acknowledged an unsigned document, so the notary is not valid.
You may need to follow up with an attorney over this, especially if the deed was recorded and is causing a problem for you with respect to title.
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