Legal Question in Real Estate Law in California

Re: does a quit claim deed have to be filed in the state where property is locat

The answer is no and yes.

Here's the explanation. The deed is effective between the grantor and the grantee upon its execution and delivery.

However, in order to fulfill its purpose of showing the world who now owns the property, the deed must be recorded (not filed) in the county (not state) where the property is located.

Failure to record a deed is likely to result in serious unintended consequences. For example, if the grantor fraudulently or erroneously conveyed the same land to someone else, who had no notice of the prior unrecorded deed, that second grantee would be recognized (upon recording of the second deed) to be the owner of the property. Also, loans could be taken out against the property.

Recording the deed at the county recorder's office is notice to the world of the matters set out in the deed. The grantee's rights are not perfected against subsequent claimants unless and until his deed is recorded.

This is somewhat of a simplification of the consequences of failure to record, and if you have a problem of this type see an attorney as soon as possible.