In a California transaction, the escrow officer prepares the grant deed for the seller's signature. The seller asks whether the deed must be notarized. The escrow officer correctly explains that:
Correct Answer
A) Notarization is not required for the deed to be valid, but it is required for the deed to be accepted for recording by the county recorder
Under California law, a deed does not need to be notarized to be valid between the parties. However, California Government Code §27287 requires that documents be acknowledged (notarized) before they can be accepted for recording by the county recorder. Since recording provides constructive notice and protects against subsequent purchasers, notarization is effectively essential in practice even though not required for validity.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Escrow is an arrangement in which a neutral third party holds documents, funds, or other items on behalf of the buyer and seller until all conditions of the transaction are met.
A general warranty deed provides the greatest protection to the grantee by guaranteeing that the grantor holds clear title and has the right to sell the property. It includes covenants that protect against all defects in title, even those arising before the grantor owned the property.
Intestate succession is the legal process by which a deceased person's property is distributed according to state law when they die without a valid will. State statutes determine the order of inheritance.
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Previous Question
A California court enters a quiet title judgment declaring that Smith is the rightful owner of a disputed parcel. Smith then sells the property to Jones via grant deed, and Jones obtains an ALTA extended title insurance policy. Subsequently, a third party produces a deed predating Smith's chain of title, claiming that the quiet title action had a jurisdictional defect because proper service was not made. Under California law, which of the following BEST describes Jones's position?
Next Question
A California real estate instructor is explaining the different types of title evidence available to buyers. Which of the following is NOT a recognized form of title evidence in California?