Deeds And Notes
We prepare Deeds, Affidavits and Promissory Notes for real property in California and other states. If you do not have your real property deed, we can obtain the current deed for you in most cases. Our deed services also include a California Change in Ownership Form and a California Claim for Reassessment Exclusion Form (if appropriate). In addition, we confirm with you at the time of ordering your deed if any exclusions from transfer taxes (such as between spouses or domestic partners, divorce actions, transfer into or out of a trust) apply to your deed transaction.
This is the most common type of deed in use in California. Typical private transactions that use this deed involve transferring property to other members of your family, or changing the way co-owners hold title to property (for example, from Joint Tenants to Tenants in Common). Other transactions include transferring real property out of your trust, transferring your interest as a co-owner to another co-owner, or transferring real property to your LLC or business.
A Trust Transfer Deed transfers real property into your revocable living trust. As Trustee of your trust, you retain ownership of your property held in your trust. To refinance property you hold in trust, most lenders require that a Grant Deed be prepared transferring the property out of trust.
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All Deeds Include:
Obtain and Review Current Deed to Real Property
Obtain Existing Real Property Description
Create New Deed per Client's Request
Complete a Change of Ownership Form (CA Deeds)
Complete a Claim For Reassessment Exclusion (If Needed)
Instructions on How to File Your Deed
Interspousal Transfer Deed
An Interspousal Transfer Deed is used to transfer real property between spouses or former spouses. Typically this type of deed is used in a divorce proceeding in connection with a property settlement or judgment awarding real property to one spouse. It also may be used to create or transfer ownership between spouses. In California, there is no Transfer Tax applied to a deed transaction between spouses or registered domestic partners.
Trust Transfer Deed
Deed and Promissory Note Pricing are as follows:
(Please Note: Recording Fees or other Fees are not included)
Grant Deed, Trust Transfer Deed, Etc ...................................... $250
Affidavits - Death of Joint Tenant / Co-Trustee ............... $250
Promissory Note and Deed of Trust ........................................ $450
Declaration to Sever Joint Tenancy w/ Grant Deed .... $450
Quit Claim Deed
This is a deed that is used to release any claim and relinquish all rights that a person making the quitclaim may have to real property. It does not warrant that the person making the quitclaim has a valid title, interest or claim to the specific property. It is typically used when ownership of property may be uncertain, or where there may be a potential future claim to title for the property. Examples of usage of a Quitclaim Deed include a person divorcing his or her spouse, or an inheritance that may be ambiguous. In these cases, an individual with a possible claim agrees to release his or her claim.
Deed of Trust & Promissory Note
A Deed of Trust assigns real property as security for a loan. It does not transfer real property ownership. A Deed of Trust is usually accompanied by a Promissory Note that provides written evidence of the associated loan, and a promise to pay. We offer the standard Long Form Deed of Trust and Assignment of Rents, which is typically used for private second or third mortgages. We can also prepare the Fannie Mae / Freddie Mac Uniform Instrument Form 3005, which is typically used for first mortgages.
An Affidavit may be used when a co-owner dies to show that title to real property has changed. For example, when a co-tenant (or spouse) dies, an Affidavit Death of Joint Tenant (or Spouse) should be filed with the county recorder in which the real property is located. Similarly, when a co-trustee of a trust dies, an Affidavit Death of Co-Trustee should be filed with the county recorder. A Certified Copy of the Death Certificate of the deceased is also attached to these affidavits.
Severing Joint Tenancy
Sometimes people who hold co-ownership as Joint Tenants desire to end the Joint Tenancy and hold title instead as Tenants In Common. For example, when a couple is separating or divorcing and before real property is disposed of, they may want to change the method of holding title so that one or either party can dispose of their own share according to their wishes. We can prepare the documents to sever Joint Tenancy and a new deed to hold title as Tenants In Common.