Legal Question in Real Estate Law in California

Re: unfiled quick claim deed

Your facts need some clarification. Did you deed him half the property? Was the deed thought to be lost? Well, you should be reimbursed for your contributions to taxes and other costs. You may contact me for assistance.

Re: unfiled quick claim deed

It is a bit of a factual issue. If you never delivered the deed to him or a third party to hold for him, then delivery is not effective and the transfer is invalid. Recording is not required for delivery, but recording is essentially de facto delivery. Since the claim is that the deed was delivered then stolen, he must prove both elements. If you can prove the deed was somewhere else, was destroyed, etc. then you should be able to rebut his assertions.

He will likley need to retain an attorney. If he has no money, then an attorney may not take the case on contingency. An attorney taking a matter on contingency will usually want to resolve the matter very quickly or even cut and run if there is no prayer of winning. Because he didn't pay taxes or provide any maintenance is an indication he didn't believe he was an owner of the building. Of course he could claim you had agreed to do that yourself.

Re: unfiled quick claim deed

It appears you need to retain an attorney to work this out and to let you know what your position is. If you do owe money or some kind of interest to this person, recordation would not necessarily control, recordation makes him a secured party. Call to discuss. Need much more to analyze properly.

Re: unfiled quick claim deed

A deed that is not delivered is ineffective to transfer property. Note, however, that delivery can be accomplished "constructively" as well as actually, e.g. by giving the deed to a third party to hold for future delivery to the grantee.

If the deed were delivered, however, it would become effective at the time of delivery, and as between grantor and grantee (you and your son), the failure to record (you said "file") the deed is of no consequence (except to the extent lack of recording makes proof of delivery more difficult!).

Further, a subsequent loss or destruction of the deed -- even if he voluntarily tore it up -- would not un-do the transfer!

Soooooooo, it may boil down to whether the judge or jury believes him or you on the delivery issue. The alleged theft is immaterial. Whether it happened or not has no effect on ownership.

I know of cases where the factual issue of whether a lost quitclaim deed ever existed was proven by the testimony of the notary public who had notarized the grantor's signature on the deed and whose notarial records indicated that the grantor and grantee had appeared before him for the purpose of having a quitclaim deed notarized.

You should examine the notary's records or talk to him/her to see what really exists and figure out your explanation if there is evidence of a quitclaim.

As another attorney mentioned, the practical question of whether you indeed will be sued and forced to defend arises here. Your son may not have the financial resources or confidence in his facts and legal theories to proceed against you. However, don't bet on it.

If you are very confident of your position and want to clear the air, you can sue for a declaratory judgment, i.e. ask a court to hear the matter and issue a judgment declaring that you are entitled to all (or more than half) of the sale proceeds.

Re: unfiled quick claim deed

It appears that you have a defense to the action. If you are served with a lawsuit, please contact us to review your documentation and for consultation.