Legal Question in Real Estate Law in California

Re: quitclaim deeds

I don't know who you are but if you're the party that lost it you're pretty much out of luck unless the party who gave it to you, the grantor is willing to do that again. The notary only confirms a signature and you get demands anything of anybody in the situation. Maybe if you took the attitude out of your situation as well as your question you might not have to ask the question at all. Think a reasonable and commonsense and maybe that will work for you.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: quitclaim deeds

First, the answer is the same whether the deed is a quitclaim or a grant deed.

When a duly-executed deed is delivered, it is immediately effective to divest the grantor of the title conveyed and to vest the same title in the grantee. If and when the deed is recorded, it is effective against all persons.

The loss or destruction of a deed after its delivery does not un-do the conveyance (transfer) of the property. Some people think that tearing up a deed after it is delivered but before it is recorded nullifies the transfer of the property. It does not.

You can't go back to the notary and request or demand a new deed. The notary cannot do that. The notary's role is to acknowledge signatures. The notary can play a useful role when a deed is lost, because the notary's records should show that a certain party sat before her or him on a certain day and signed a certain type of instrument. However, the notary's records will not show (in the case of a deed) what was in the deed -- the property description, nature of the estate conveyed, or (in most cases) the identity of the grantee.

The existence of a notarial record of a deed can be useful in the event that a quiet title suit is necessary to establish ownership. Therefore, I would ask the notary for a copy of his records for the date, showing the grantor's signature on a line indicating acknowledgement of a quitclaim deed.

You do not say whether the deed was recorded. If it was recorded after delivery but before its loss, you have no problem at all--many people lose their deeds, but their timely recording preserves the information in the official records. Copies can be obtained from the recorder. Escrow and title companies rely upon the official records, and usually not original deeds, when issuing title insurance or closing subsequent sales of the property.

An unrecorded deed may be insufficient against a future bona-fide purchaser for value of the property who lacks other notice of the prior sale via the (lost) unrecorded deed.

If you are in the position of having bought property and have both lost and never recorded your deed, your rights to the property are shaky and you need to take legal action to quiet title or the like, especially if you are not in possession. Contact me directly for details and further explanation.