Legal Question in Real Estate Law in California
How do I re-record my deed? More specifically how can I record acceptance of my deed when I lost the original? I was told I would have to record a new deed and accept that. Is that the same?
2 Answers from Attorneys
Very unsure what you mean by "acceptance" of your deed. Sure, to be effective to transfer title, a deed must be delivered to the grantee (or his agent) and accepted -- but acceptance is usually manifested by an act, not by a document, and there is nothing I can think of that one would ever record to show his acceptance of a deed, other than the deed itself. In short, I don't know what you want to record, nor why. I have lost several original deeds in my lifetime, but since they were recorded, it made not difference at all that I lost them, except that I lacked an semi-interesting souvenir of the transaction. If you could contact me privately and explain your concern in more detail, I'd be happy to give you a further answer, gratis.
If your deed was already recorded, there is a presumption that it was delivered. I don't know why you want to re-record it, it is already a matter of record.