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Quitclaim deed in California: Is it valid if not notarized?

Posted on: 20th Aug, 2007 08:34 pm
Problems with son-in-law. We do have a signed quit claim by him and our daughter placing the home in joint tenants.
Hi Rgraham,

Welcome to the forum.

After filing a quitclaim deed, if it is not notarized and properly recorded at the office of the County Recorder, it might not be valid.

You have placed your daughter and son-in-law in a joint property by means of a quitclaim deed. Now can you please explain what type of problems are you facing with your son-in-law?
Posted on: 20th Aug, 2007 09:27 pm
"Is a quit claim deed in Calif. valid if not notorized?"
If the deed is not notarized then it does not have any value. And will not be considered valid. The deed cannot be recorded also as it will be incomplete until notarized.
Posted on: 21st Aug, 2007 12:19 pm
Your question is not very clear.

Your son in law signed on a quit claim deed but he quit claimed to whom?

Did he quit claim it your daughter? And your daughter placed the home in joint tenancy, who are the joint tenants?
Posted on: 21st Aug, 2007 02:32 pm
A deed is valid only if an authorized public notary notarizes it.
Posted on: 21st Aug, 2007 03:27 pm
Hi RGRAHAM,

I'm making a couple of assumptions here since they aren't clearly stated in your post:
1. Your daughter originally held title as a single woman
2. She quit claimed the property to herself & your son-in-law so that now title is held by both as joint tenants
Correct?

As a CA Notary, Loan Officer & REALTOR the answer to your question in a single word is 'NO'
The Quit Claim Deed must be signed before a notary public, he or she must sign & place their valid stamp on the document and the quit claim deed must be filed & recorded in the correct county otherwise the change of title is not recognized and remains held by your daughter as a single woman.

In the state of CA no deed is valid until signed before a notary, they sign & stamp the document AND it is recorded by the county. (By the way, when it is notarized a thumbprint will be necessary.)

Hope this helps,
Lynnette
Posted on: 10th May, 2008 09:31 am
I have a quit claim deed that was signed over to me by my aunt and father with a notary notarizing it but I have yet to have it recorded is it still valid??
Posted on: 19th Apr, 2009 01:49 pm
My Freind Died, and I was the Execture of his estated, That ended up being just his million dollar home,that he Had Signed over 1/2 interest in his Then also living mothers name . She died a week after he did. I Was the only one in his will , now that the probate has closed and his deceased mother, other Son Ended up getting over a Half million, I came across a Signed Notarized Quick Deed , from the year 2000 where his mother had signed that 1/2 interest back to him. but it was not recorded. is it valid, Do i have a leg to stand on to claim all of the proceeds frome the sale of the home.
Posted on: 26th Sep, 2009 10:40 am
The quit claim is not valid until you record in the county
Posted on: 26th Sep, 2009 03:55 pm
My daughter has a piece of property which she was selling to a couple. It had a balloon mortgage that was defaulted and the property is to be returned to her on the 15th of July. They defauled 6 months ago! She went back to the lawyer who set up the paperwork for the mortgage and he sent a letter to the couple telling them they needed to deed it back to her. It's been over two months and still no paperwork. One set of paperwork came back but my daughter was told it only had the couples signatues and 2 witnesses. They said it had to be sent back because it needed two more witnesses can youhelpme?
Posted on: 17th Jul, 2010 07:52 am
Hi Peggy,

If your state law wants the deed to be signed by 4 witnesses, then you'll have to follow it. In that case, the deed needs to be sent back to the couple once again so that two other people can sign the deed as witnesses.
Posted on: 19th Jul, 2010 01:18 am
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