Matt Davis wrote:
Two people are on title on a piece of California real estate.
One party signs a grant deed removing him/her from title
This document is recorded with the county.
Months later, both names are still on title.
County recorder's office won't change title, even after
being shown documented evidence that the party has
removed name from title and properly recorded it.
Apparently there is no appeal process.
Is it possible to file suit against the county to force the title
change?
What court has jurisdiction in these matters?
Did the county refuse to record the document, or did it record the
document but it does not appear in the chain of title?
Refusal to record a document in proper form is covered by Government
Code 27201 and following sections. If the county recorder refuses to
record a document, the recorder may (but does not have to) explain why.
You may then get a court order (from the Superior Court of the relevant
county) requiring the recorder to record the document.
If the document was recorded, but it does not show up in the chain of
title, you need to find out why it does not show up. One possibility is
that the grantor is not exactly the two persons who originally held
title in exactly the form that they held title. There may be any number
of other defects that would make the document of no effect.
There are specific and detailed requirements that a document purporting
to transfer interest in real property must meet. If you recorded or
attempted to record a document that does not meet these requirements,
there is no reason that you should have recourse against the county
recorder for your mistake. If the county recorder will not help you
determine what these requirements are, you will need a lawyer who
handles real estate matters to do this for you.
--
Not a lawyer,
Chris Green
