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A warranty deed guarantees a seller the ownership rights to a real property wherein the seller has the legal right to sell the property to a buyer. In this type of an arrangement, a seller could also be called as a grantor and the buyer a grantee. There are five covenants or promises to this document. They are seisin (legal title and possession), right to convey, no encumbrances, quiet enjoyment, and warranty. However, there is also a sixth covenant to this document that covers the area of further assistance. This particular covenant is not always identified as a promise in some states. Complications and questions may arise related to title transfer to which people might seek a solution for. Below are answers to few of the more common legal questions about the deed related to title transfer: If a person properly signs and delivers a document for title transfer in the state of California, however fails to record it, would that document be regarded as valid?
Typically, if a document for warranty is duly signed, dated, witnessed, notarized, and delivered, it would certainly be considered legitimate and effective. Usually, there is no compulsion to record the document in order to make it legal. For instance, if a title transfer document has been signed on a particular date wherein the person signing the document requests his or her attorney to record it at a later date, the document would still be considered official as per the date of signing. The main purpose of recording the document is to make others know about the title transfer and to safeguard the recipient of the deed from any future interests. Usually, it is regarded as an option for the concerned party. Most states like California would regard this document as valid and authentic even if the transfer has taken place without having it recorded. How can someone file a title transfer document and who would be required to do the filing? Does a person need to give any kind of acknowledgement while doing so?
A person would need to go to the county office where the property is located in order to file a transfer deed. Usually, the volume and page numbers of the deed would be assigned by the county office and when that is done, the county office authorities would put a stamp on the original documents keeping a copy of that along with them. After that, a certified copy of the document would be provided to the property owner so that he or she can keep that for their own records. Usually, a person would need to pay a minimal amount if they want to record the deed. Once this procedure gets completed, the document would become a permanent record. You could also ask for additional copies, if required. Normally, a document like this is filed by the buyer of the property and while it is being filed, the county office provides an acknowledgement to the buyer such as a receipt. Typically, this type of a document is made to handle the transfer of ownership rights within a framework of suggested covenants. In many cases, a professional assistance or guidance is required if a person wants to do some verification on the title search in order to make sure that everything is properly carried out. Sometimes, this kind of help is also needed to be sure if all the issues regarding the matter have been taken care of. It is only after all these procedures have been fully addressed, a purchase of a real property could be finalized. Additionally, in order to protect a holder from problems related to title issues that may result in losses, the document also provides an option of title insurance. Finally, despite an option like this, the best course of action would always be to seek help from legal Experts for professional insight and guidance before you decide upon taking any irreversible action. If you need any clarification about your particular situation on the subject, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances.
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