Transferring a property deed is one of the most important real estate transactions you can perform, and California law requires that deed signatures be notarized before the deed can be recorded with the county recorder. Whether you are selling property, adding a spouse to a title, or transferring real estate into a trust, a notary public is an essential part of the process.
Why Deeds Must Be Notarized
California requires notarization for any deed that will be recorded with the county. The notarization serves as verification that the person signing the deed is who they claim to be and that they are signing voluntarily. This protects property owners from fraudulent transfers and provides a reliable chain of title.
Without proper notarization, the county recorder will reject the deed, and the transfer cannot be completed.
Types of Deeds in California
Several types of deeds are used in California, each serving different purposes:
Grant Deed
The most commonly used deed in California property sales. A grant deed implies that the grantor has not previously transferred the property to someone else and that the property is free of undisclosed encumbrances. This is the standard deed used in most real estate closings.
Quitclaim Deed
A quitclaim deed transfers whatever interest the grantor has in the property without making any guarantees about the quality of that interest. These are commonly used for transfers between family members, adding or removing a spouse from a title, or transferring property into a living trust.
Interspousal Transfer Deed
Used specifically to transfer property between spouses, often during a divorce or for estate planning purposes. This type of deed may have tax advantages over a standard quitclaim deed.
Trust Transfer Deed
Used to transfer property from an individual into their trust or from a trust to a beneficiary. These are a key component of estate planning and require proper notarization.
The Deed Transfer Notarization Process
- Prepare the deed: The deed must be properly prepared, typically by an attorney, title company, or escrow officer. It must include a legal description of the property, the names of the grantor and grantee, and the appropriate deed language.
- Grantor appears before the notary: Only the person transferring the property (the grantor) needs to sign and have their signature notarized. The grantee (recipient) does not need to sign or be present.
- Identity verification: The notary verifies the grantor's identity with a current government-issued photo ID.
- Acknowledgment: The grantor acknowledges that they signed the deed voluntarily. The notary completes the acknowledgment certificate and applies their seal.
- Recording: The notarized deed is submitted to the Los Angeles County Recorder's Office for recording. Once recorded, the transfer is part of the public record.
Common Mistakes to Avoid
- Incorrect legal description: The property description must match the one on file with the county exactly.
- Name discrepancies: The grantor's name on the deed must match their name on the current title and their ID.
- Missing notarization: Every grantor signature must be notarized individually.
- Using the wrong deed type: Using a quitclaim deed when a grant deed is required can cause title insurance issues.
- Forgetting the Preliminary Change of Ownership Report: California requires this form to be filed with the deed for tax assessment purposes.
Do You Need a Title Transfer or a Deed Transfer?
People often use these terms interchangeably, but they refer to slightly different aspects of the same process. The deed is the physical document that transfers ownership. The title is the legal concept of ownership itself. When you record a properly notarized deed, you are effectively transferring the title.
Cost of Deed Transfer Notarization
The notary fee for a deed transfer is straightforward: $15 per signature in California. If a mobile notary comes to your location, expect an additional travel fee of $25 to $75. Recording fees charged by the county are separate and typically range from $15 to $50.
If you need a power of attorney to handle a deed transfer on someone else's behalf, that document must also be notarized.
Find a notary experienced in deed transfers through our Los Angeles notary directory.
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