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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9084
Experience:  Since 1983
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Can i speak to a lawyer plz : No I havent : I need help in

Customer Question

Can i speak to a lawyer plz
JA: The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No I havent
JA: Please give me a bit more information, so we can help you best.
Customer: I need help in completing some areas in “Grand deed” and “quidclaim” forms.
The transfer is between and I my brother and there is no sale or money involved. My brother is just transferring the title to me.Below is how ive done the grant deed form. Is this the right form? Also I do not see any space for the grantor’s name. Please let me know what I have done wrongly.RECORDING REQUESTED BY:
Transferee Name
MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:
Transferee name & address of the property
xxxxxxxxxxxx
San Diego, xxxxxxxxx
Order No.:
Escrow No.:
APN: 0000000000000 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $__________________________
_____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale.
_____ Unincorporated area _X____ City of San Diego ______________________________
For valuable consideration, receipt of which is hereby acknowledged,
hereby GRANT(S) to transferee name, A single woman
The real property is in the city of San Diego, County of San Diego, State of California, Known as:***** San Diego, Ca 92128 APN 000000000000the real property situated in the County of __San Diego_________________________, State of California, more particularly described as follows:Dated: ___________________________ ______________________________________________________________________________________
JA: OK. The Real Estate Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?
Customer: san Diego, California
JA: Is there anything else important you think the Real Estate Lawyer should know?
Customer: not yet. I also need answer to a few questions about Quidclaim form
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 6 months ago.

Dear Customer,

Thank you for using our forum. Based on the nature of your transaction, you most likely need a "Quit Claim Deed" (a deed that transfers the property, but gives no guarantee as to the quality of the title).

The Sacramento Law Library has California appropriate forms and valuable information to walk you through how to fill out these forms (as well as additional information to help you ensure that you are selecting the appropriate form based on your specific circumstances (beyond just what you post here on this informational Q&A).

http://saclaw.org/law-101/transfer-real-property-topic/

Customer: replied 6 months ago.
Hello. But I would like to fill both forms. Please advice whether I have filled the form I have sent correctly and advice accordingly. below is how I filled the quidclaim form.RECORDING REQUESTED BY:Transferre NameWHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO:Name: Transferee nameAddress: address of transfereeCity:
State, Zip:QUITCLAIM DEEDAbove Space for Recorder’s Use Only
Title Order No.
Escrow OR LOAN No. _
APN No. ***********
THE UNDERSIGNED GRANTOR(s) DECLARE(s)DOCUMENTARY TRANSFER TAX is $ CITY TAX $ Computed on full value of property conveyed, or
 Computed on full value less value of liens or encumbrances remaining at time of sale, Unincorporated area  X City of San Diego , andFOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,Hereby remise, release and forever quitclaim to Transferee Name, a single womanThe following described real property in the County of: San Diego , State of California:Address of the propertyDate SignatureSignatureA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not to the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of } ssOn before me,
Date Name and Title of officerpersonally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/the y executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.WITNESS my hand and official sealNotary Signature
Expert:  CalAttorney2 replied 6 months ago.

You will only fill out one form.

You select either type of deed (quit claim, warranty deed, or grant deed) to transfer the property, but you cannot use multiple deeds.

(I really would recommend using the Sac Law Library site (above) as it has really helpful information and even a "step by step" walk through questionnaire to help you select the best form for your transaction).

Customer: replied 6 months ago.
The transfer is between siblings. There is no sale or purchase involved. So which form is more suitable to transfer the deed from my brother's name to mine? I could not find such information in the website you advised.
Also My brother cannot locate the deed, could we just mention the address of the property and the APN number for description of the property or we need to wait until we get the copy of the deed.
Expert:  CalAttorney2 replied 6 months ago.

A quit claim deed is the most commonly used deed for this type of transfer.

See: http://saclaw.org/wp-content/uploads/2015/03/form-quitclaim-deed.pdf

And (with instructions): http://saclaw.org/wp-content/uploads/2015/03/form-quitclaim-deed-instructions.pdf

While you do not need your brother's current deed, you are going to need both the exact way in which he currently holds the title, and the legal description for the property to complete the deed. You can get this information from the County Recorder's office (it may be available online, not all counties in CA have this information publicly available, and the information is not as reliable on the recorder's website as it is from the recorder's office itself).

You can also get this information by paying for a title report from a title company (such as Old Republic, First American, Chicago Title, or any reputable local company).

Customer: replied 6 months ago.
Hi According to the information I got from San Diego county, grant deed is the appropriate form. However the site you sent me have different forms to San Diego County so It doesn't help me filling it completely such as:
In san Diego County website the Grant Deed form does not have space to explain about Transfer document tax which, I should put "0" as no money changed hands. Also Sacramento deed does not have “City Tax” while the san Diego County has. What shall I answer for City Tax?
2- Also there is no space to specify the name of the Grantor in San Diego Form
3- In Sacramento form there it states “as” (Enter the form of title in which the new owners will hold the property)", while it does not have it in San Diego County form.
4- And what do I answer for “ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged”
I have attached a San Diego Grant Deed for your information.
Thank you
Expert:  CalAttorney2 replied 6 months ago.

If you want to use a grant deed, you can. But be aware, these are different types of instruments and they do different things (quit claim deeds are recognized throughout CA). See generally: http://www.nolo.com/legal-encyclopedia/deeds-faq-29119.html

Here is the guide for completing a Grant Deed: http://saclaw.org/wp-content/uploads/form-grant-deed-instructions.pdf

I cannot advise you of the tax implications of your transaction (whether or not it is exempt from taxation, either city or state), but the link above does give you a good start. A local attorney or tax consultant (a CPA, not a bookkeeper) can advise you on the details of your transaction for these purposes).

Customer: replied 6 months ago.
Thank you but I told you in my post that I already had seen the Sacramento sample of the Grant deed but it was different to the one from San Diego County an have also attached the deed for your information. I don't seem to be getting answers to my questions. I can google and find these web sites myself. I have come to just answer for answers to my particular questions. Apart from the tax, could you answer my remaining questions?
Thank you
Expert:  CalAttorney2 replied 6 months ago.

Dear Customer,

I am going to "opt out" and allow another expert to follow up with you.

Please do not post any further at this time as it will delay the next expert's ability to follow up.

If you need any assistance in the meantime, please contact our customer service at: http://ww2.justanswer.com/help

Thank you for using our forum, and I do wish you the best of luck.

Bill

Expert:  N Cal Attorney replied 6 months ago.

Thank you for your question.

There are some subtleties involved in this kind of transaction such as reassessment. How long have you owned the property?

May I ask in which city the property is located?

Have you gone to the Recorder to get a copy of the legal description off of the current deed?

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