Legal Question in Real Estate Law in California

Re: legit

In addition to what Attorney Whipple correctly points out, I don't believe any Recorder's office in California will accept a deed for recording unless it has been acknowledged by a Notary Public. A "witnessed" deed will be rejected by the recorder.

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Re: legit

Deeds do not require witness signatures. The usual practice is for the grantor to sign before a notary public. That makes it possible to record the deed. Unrecorded deeds are valid between the parties (grantor and grantee) and others with knowledge of the deed, but deeds should be recorded to give notice and hence make them valid against everyone, with or without actual knowledge of their existence.

That two witness business has to do with wills and sometimes powers of attorney - not deeds.

Therefore, a deed with witness signatures that aren't those of a notary will make the deed look suspicious, because that would call attention to the probability that it was drawn up and executed by amateurs and may be erroneous or even fraudulent.