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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117441
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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What is a silent deed? Is it enforceable? California, It was

Customer Question

What is a silent deed? Is it enforceable?
JA: Where is the property located?
Customer: California
JA: Has any paperwork been filed?
Customer: It was Not in public records but stamped by notary
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can someone holding a silent deed file a quiet title action to someone who is listed as a sole title owner?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, if the deed was never filed in the property records, but it is signed by a notary, then the holder of the deed that has not been filed can file in court to quiet title and have that title recognized. If someone had purchased the property at a point after the silent deed was granted and they made the purchase in good faith then there is a possibility that the unrecorded deed could be voided, depending on the situation and facts.

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