Legal Question in Real Estate Law in California
My mom transferred used a quitclaim deed to transfer the title of the house to 3 sons. Then we submitted the quitclaim form to the registrar office less than a week ago. Is there a way to call them and tell them to stop the process? If not, we as sons want to give her back the title by using the quitclaim form. Do all three need to sign the form or does one person need to sign it? Thank you.
2 Answers from Attorneys
No, the recorder will have aready recorded the quitclaim deed, theoretically on the date it was presented for recording. Further, halting the recording of a deed would NOT lessen its effectiveness as between the parties to it. The quitclaim deed effectively did its work when it was executed, delivered to, and accepted by the transferees (the three sons). After execution, delivery and acceptance, the title is transferred. The only way to transfer it back is by another deed, from the sons to the mom. Giving back or tearing up the deed does nothing except make proof more difficult; even if the parties intend to retract the transaction, it cannot be retracted by this means. See Civil Code section 1058 and cases interpreting the same.
I didn't fully answer your question. If you want to reverse the transaction, please note the following:
(1) You are reversing a completed transaction, not un-doing it.
(2) The tax collectors, local state and federal, will treat it as two deals, X to A, B and C first, then A, B and C to X later on. Each of the two transactions will have tax impacts, and they will not cancel each other out. Someone (mom
(3) Each brother that received an interest in the house as a result of the first transaction must sign a deed, although I guess it could be the same one, to transfer his interest back to mom.
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