Legal Question in Real Estate Law in California
grant deed never recorded
My mother signed and had notorized a grant deed to a CA property in 1995 granting me, her son, the property. However, the grant deed was never recorded. Am I, the son, the legal owner even though the grant deed was never recorded? Please reference California law or code regarding this situation.
Thanks
3 Answers from Attorneys
Re: grant deed never recorded
Without doing a deep dive into your situation, much depends on whether or not she delivered the deed to you. If she did, what's to stop you from going down and recording it? If she died in the meantime or there are other claims to the property, the situation becomes more murky.
Re: grant deed never recorded
You are the owner but no one else knows it because you did not record the deed. Recording the deed causes the world to be put on constructive notice of your ownership and prevents other bona fide purchasers from claiming they did not know about your ownership.
Re: grant deed never recorded
record the deed before someone else records an interest in the property ahead of you, such as liens. If you are already in a legal dispute, the court will decide after trial or motions who has priority ownership. Feel free to contact me if you need such legal help.
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