Legal Question in Real Estate Law in California

Re: property transferred?

It must be recorded to be effective.

Here is a website from the Sacramento law library.http://www.saclaw.lib.ca.us/pages/deeds.aspx

You should find what you need here.

Re: property transferred?

I disagree. A deed is effective to transfer title when delivered to the grantee.

Recording serves a very useful purpose, giving "notice to the World" of ownership. Failure to record a deed can cause all sorts of problems downstream, including loss of the ownership later on to a "bona fide purchaser for value" who lacks actual or constructive notice of the deed.

Nevertheless, title passes at the moment the grantor delivers the deed to the grantee. Further, the deed can be delivered and/or received by the agent(s) of the grantor and grantee; it does not have to be dome in person.

The main statutory reference is to Civil Code section 1217, which reads in its entirety: "An unrecorded instrument is valid as between the parties thereto and those who have notice thereof." This law should be read in conjunction with Civil Code sections 1213 and 1214 regarding the effect of recording and of failure to record.

There are cases covering all angles of these laws. For openers, you might look at Beach v. Faust (1935) 2 Cal.2d 290.

Re: property transferred?

I guess Mr. Bennett thought that if he replied three times, that would override Mr. Whipple's veto. In this situation, Mr. Whipple is correct.

A deed is valid when it is delivered. Delivery is a legal term, and is not synonymous with handing a deed to someone in lay person terms. If a deed is deposited in escrow, it is deemed to be delivered when escrow closes, ie all the terms of the escrow have been completed and complied with.

Recording is relevant in situations where a predecessor in title deeds the property to more than one individual, over a period of time. (Yes this does happen, somehow people seem forget that they previously deeded the property, or are that rich.)

You need to speak to an attorney.

Very truly yours,