Legal Question in Real Estate Law in California
My brother and I (and our wives) are in a Tenants-in Common relationship on 3 properties-2 in San Diego County. A 25% share in each property was quit claimed to me and my wife in 1981, which I failed to have recorded. They are signed and notarized. What happens if I record them now? Any penalties, fines, etc.?
1 Answer from Attorneys
Not unless there is some outside issue besides just not recording that you haven't mentioned, such as an obligation to record them under some agreement. The only possible problem is that your notary jurat is out of date, which may cause you hassles at the Recorder's office (I'm pretty sure they even require thumb prints these days). Technically, if it was a valid endorsement at the time, it should be valid for recording now, but you may have to get several steps up the chain of command at the Recorder's Office to get that approved. Also, if there are any interests in the properties that have recorded between then and now, those interests are superior to the deeds you hold, unless the other party had knowledge of the deeds.