FAQ & RESOURCES

Frequently Asked Questions

How does California Proposition 19 affect me?

For a detailed answer, you can contact your Tax Preparer, CPA or Financial Planner.

Also, below is a link to the California State Board of Equalization and a link directly to the Bill.

https://www.boe.ca.gov/prop19/

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200ACA11

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.

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB288&search_keywords=Revocable+transfer+on+death+deeds

Common Questions about the Revocable Transfer On Death Deed (RTOD)

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.

How do I obtain a copy of my title?

You can visit the San Diego County Recorder’s Website below to request a copy. There is nominal fee of approximately $3.00.

https://arcc-acclaim.sdcounty.ca.gov/

How do I know if someone has filed something against my property without my knowledge?

The San Diego County Recorder will notify you of any filings by signing up for their Owner Alert program. A link to your free sign-up is below.

https://www.sdarcc.gov/content/arcc/home/divisions/recorder-clerk/recording/owner-alert.html

If you cannot provide me with advice or direction, 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 Consumer Links).

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.

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.

Will making a title transfer affect my Title Insurace Policy?

Yes, each time you make a title transfer outside of an escrow, it can reduce your title insurance coverage or cancel your Policy entirely.

Is there a way to keep my Title Insurance Coverage in place when making a transfer outside of escrow?

Yes, the most common way to keep your Policy in place is to obtain an Endorsement from the Title Insurance Company who insured your purchase.  This will require providing information such as an Operating Agreement or Corporate Resolution to the Title Company for review.  They will then make a decision on whether or not your transfer will qualify for the Endorsement.

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 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?

Debit Card is the only other form of payment we accept. We do not accept cash or checks.

Consumer Links & Resources

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)

Common Real Estate Terms

  • Seller = Grantor/Transferor
  • Buyer = Grantee/Transferee
  • APN = Assessor’s Parcel Number
  • R&T = Revenue and Taxation
  • Lien = Loan or proof of debt owed
  • Acceleration Clause = Due on Sale Clause
  • Beneficiary (When pertaining to a loan) = Lender
  • Beneficiary (When pertaining to a Trust or a RTOD) = Person inheriting property
  • Trustor = Borrower
  • Trustee (When pertaining to a loan) = Party authorized to release lein
  • Trustee (When pertaining to a Trust) = Person(s) appointed to carry out Trust duties
  • Execution = Signing

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