Legal Question in Real Estate Law in California

I am doing a quit claim deed to get my father off my loan. I live in Ca and he lives in Oregon How do I get it notarized?


Asked on 7/11/11, 2:49 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

First, your father will not "come off" your loan by executing a quitclaim deed. He will come off-title, but if he is a co-borrower or guarantor of your loan, a quitclaim does nothing to affect his personal liability for the loan. That would require an agreement with the lender to remove him from the loan, and these days, they will generally not provide that unless you can fully qualify for the loan yourself.

If you still wish to record a quitclaim deed, it can be notarized in Oregon, and then recorded here in California. His signature does not have to be notarized by a California Notary to be valid in California.

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Answered on 7/11/11, 2:58 pm

Not only will your father quitclaiming the property not get him off the loan, it will be a gift of his half of the equity in the property to you. That will trigger gift tax issues that will have to be addressed, along with potentially adverse capital gains tax consequences. You need to consult with a professional in person before doing anything.

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Answered on 7/11/11, 3:39 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

How, pray tell, will quitclaiming the property get your father off the loan?

Don't mix up ownership with loan liability. Loan liability doesn't magically disappear just because you no longer own the collateral.

I agree with the preceding answers.

I don't believe your original question was answered, however. Deeds can be notarized anywhere.

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Answered on 7/11/11, 6:41 pm


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