Legal Question in Real Estate Law in California

Re: A signed deed

A deed would still be valid even if it is not recorded as between the parties to the deed. The recordation affects third parties who might purchase the property from the owner of record. A title company will give you the status of recorded title. If there is a deed out there that transfers title to your mother-in-law, it would still be valid between you and your mother-in-law even though it is not recorded. You need to determine what the status of the title is, that is who the deeds say the owner is, before you can determine what your rights are, if any. If you need assistance you can give me a call at 310-273-6304.

Re: A signed deed

if you were "gifted" the deed to the home and can prove and show you detrimentally relied on this gift conveyance to your expense, as you state in your facts, you have a very strong case for enforcement of the deed conveyance. if you would like additional legal assistance and/or representation, email today with more details on your case.

Re: A signed deed

If I understand right, there was a double transfer. First, in 1992, your wife and you were given the property.....I assume by gift and that a gift deed was executed and recorded, thus making you and your wife the owners of record. You don't say much about the mortgage or payments, but I assume that the mortgage remained in your mother-in-law's name, was not refinanced or paid off, but that you took over making the payments, informally, on her behalf.

Then, I take it, about six months later the mother-in-law wanted the house back, so you deeded it back by means of the deed that you don't remember very well, especially as to how you identified yourself to the notary.

The first think a lawyer would need to do (and you may be able to do this yourself) is go to the county recorder's office and look up both deeds. If they exist and were recorded, the recorder can find them for you based on the property address and/or the names of the parties going 'on and off deed' (or grantor and grantee).

By looking at the deeds, you will be able to see your signature and the notary seal and notary's name, the date of the transactions, and maybe something reflecting the terms, e.g. whether each was a gift or whether money changed hands.

You will probably be able to tell whether your signature (and your wife's) are genuine.

I is unlikely you will be able to invalidate a deed on the basis that you didn't sign or thumbprint the notary book, or some other technicality. Deeds can be invalidated for serious matters of fraud, such as a forged signature or altered property description, but for a procedural irregularity by the notary, I doubt it.

However, a notary cannot notarize instruments to which the notary is also a party. A deed deeding property to the notary herself would be improper and possibly could be voided on the basis of fraud. I asked a friend who is a notary and he agrees such a self-notarized deed could be voidable by the grantor.