FAQ / Consumer Links
Since the Revocable Transfer on Death Deed (RTOD) is new to California, how can I be sure that I am not creating a title problem by filing one on my property?
You can contact one of our local Title Insurance Companies, an Estate Planning Attorney, or you can read the California State Assembly Bill regarding the Revocable Transfer on Death Deed (AB-139). A link to the Bill is set froth below.
Common Questions about the Revocable Transfer On Death (RTOD) Deed: Revocable Transfer on Death (RTOD) Deed Commonly Asked Questions
If you cannot provide me with legal or tax advice, who should I call?
You can contact a number of persons such as a Real Estate or Estate Planning Attorney; an Escrow Company; a Title Insurance Company; your Real Estate Agent/Broker; your Lender; your Tax Preparer/ Accountant or a Financial Planner. You can also contact the Tax Assessor or Recorder for tax or recording information (see links below).
How do I know if I am selecting the correct document?
Most of the time, a basic transfer of real property can be handled with a Quitclaim Deed. There are some instances however, where a Grant Deed may be a more appropriate form to use. This is usually when a property is sold rather than ‘gifted’. Please refer to GRANT DEED vs QUITCLAIM DEED as set forth below.
Where do I find my Assessor’s/Tax Parcel #?
You can find your Assessor # on your tax bill or you can visit the San Diego County Assessor’s website below.
Where do I find my existing Deed if I cannot locate the original?
You can search the General Index on the Recorder’s website below.
I want Title Insurance on my Deed, can you handle that?
Yes, in most cases we can coordinate Title Insurance with the Title Insurance Company of your choice.
Can I get a Title Insurance Policy after the transfer?
Typically a Title Order would need to be opened at the time your order is placed. The Title Company would then record the documents and issue a Policy of Title Insurance after they record the documents.
Does the party I am adding or transferring title to need to accept title/ownership?
Yes, he/she should absolutely be aware that you are transferring title to him/her.
What if the party that needs to transfer title is outside of the Country?
Documents can be emailed and then printed to be used as the originals. In most cases, the party that needs to be notarized can go to the Consulate for notarization. You should however, check with the COUNTY RECORDER to be certain what their requirements are for OUT OF COUNTRY notarization.
How do I fill out the forms necessary for a Tax Exemption?
All of our documents include all forms necessary for recording and Tax Exemption if an exemption applies.
I heard that if I lend money to someone, I may have to provide Loan Disclosures. Do you complete those Disclosures and do you know if I need them?
No, we do not complete/provide Loan Disclosures, nor can we advise you whether or not they are applicable in your situation.
Do you file a Notice of Default or start a Foreclosure?
No, we cannot. This must be done by a Trustee.
I received a Notice in the mail from a Company asking me to send $89 to obtain a ‘Certified Copy’ of my recorded Deed. Is this something I need to do?
ABSOLUTELY NOT! This is NOT necessary. If we record your Deed, we will send the original Deed by U.S.P.S. immediately after recordation.
Do you accept payment by any method other than Credit Card?
Cash or Debit Card are the only other forms of payment we accept. We do not accept checks.
CONSUMER LINKS/LEGAL RESOURCES:
https://arcc.sdcounty.ca.gov/pages/recorder.aspx (San Diego County Recorder)
https://iwr.sdtreastax.com (San Diego County Treasurer/Tax Collector)
https://arcc.sdcounty.ca.gov/Pages/property-assessments.aspx (San Diego County Assessor)
www.clta.org (Click on ‘For Consumers’)
www.cslb.ca.gov (Contractor’s State License Board)
www.publiclawlibrary.org (California Law Library)
www.leginfo.ca.gov/calaw.html (California Codes)
COMMON WAYS TO TAKE TITLE TO CALIFORNIA REAL PROPERTY
REAL ESTATE VESTING STATUS
Single = Never been married
Unmarried = Married at one time, but now legally divorced
Married as sole and separate property = Married but hold ownership without spouse
Widow = Woman (husband deceased)
Widower = Man (Wife deceased)
GRANT DEED vs. QUITCLAIM DEED