Is a quit claim valid if notorized, but not recorded, in Calif?
I want to thank "David M" for his comprehensive and, I am certain, accurate answer. I do not know how to give him the gold star for his assistance, so am thanking him via this format. Thank you, Fersynxo
Answers:
You're welcome. What I think is missing in the answers is the question is your deed VALID. Yes, it is valid. Lack of recording does not protect you from an innocent purchaser who bought the property from the previous owner, but that does not invalidate the deed. Recording is notice to "the world" that the property has been transferred, but it does not invalidate the deed. Lack of recording would protect a Title Company and a purchaser who relied upon the real estate records of your county. If the previous owner re-sold the property, you'd have a cause of action for fraud. I can't even estimate how many times I have handled this issue for our County Clerk and County Assessor.
California is a race-notice state, so it really depends. If no one else has filed a deed on the property either, then yes it is valid. If someone has already filed, you missed your chance. Too bad. Let this be a lesson to file IMMEDIATELY. It is a good practice to do so IN ALL STATES.
it must be recording with the county's registrar, or it will not be valid and won't hold up if you go into escrow...
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