what does a house deed look like in california

This field is for validation purposes and should be left unchanged. Both parties must sign the deed to make the transfer of ownership rights official. In California, a General Warranty Deed known as the California Warranty Deed gives unlimited warranty of title. A deed should also have proof of consideration. The 35 Steps to Building a House: Your Start-to-Finish Guide. With a quitclaim deed the owner transferring the property is commonly called the "quitclaimor." automatically allows married couples and registered domestic partners the same rights as Joint Tenancy. A house deed is a document that identifies the new property owner. A special warranty deed provides less protection for the grantee. For example, the San Diego County Clerk's Office provides online searches. It is something that a title company is going to provide, he says. Note that a title insurance policy does not negate the need for a title search, but is issued regardless of the title search outcome. This may become necessary when switching ownership between relatives or after a family member has passed away. I always tell people that a deed is the document that you physically hold in your hand, explains Brost, the Milwaukee-area real estate agent. Rate template 4.5 Satisfied 62 votes A California grant deed must also describe the property in which an interest is being transferred and mention that it is being conveyed by deed. Californias statute of fraudsrequires that a deed that transfers title in real property must be in writing. California law allows individuals to own real property as Joint Tenants with the Right of Survivorship. But they also illustrate why title insurance is so important. Taking title generally gives you the right to sleep in the home, host a barbecue there, and put in new flooring if you wish. Title, though it sounds like a document youd find in a three-ring binder, actually refers to a bundle of rights related to owning property. Enter title insurance. Upon the death of each owner that percentage does not automatically go to the other owners. Essentially a real estate title is a bundle of rights granting someone ownership of a property. Then, the real property should be detailed in the house deed. There are 65 Recorders Of Deeds in California, serving a population of 38,982,847 people in an area of 155,747 square miles. Buying and selling property, on the other hand, can bring up tricky ownership issues, especially if the property was improperly transferred in the past, or liens are owed on it that could encumber the owners ability to sell it. Because of this, the proper recording of deeds is critical. At the very least, you should include the property address, the owner's name, and the ID number. Joint Tenancy owners cant sell their shares or will them to heirs. His background is in journalism, architecture, urban policy, and housing. The title comes into play before the actual close during a title search. If youre looking to buy a home, you should make sure that youll get the deed to the house upon the completion of the sale. You can find out the exact number of pages for the document you are requesting in advance by calling 215-686-2292 or emailing deedcopy.info@phila.gov. According to Richie Helali, a mortgage lending expert with HomeLight Home Loans, an abstract of title is like a laundry list of all of a propertys various owners over time. A grant deed is a form of deed common in California, which contains implied warranties to the effect that the grantor has not previously conveyed or encumbered the property. The parties must be competent to convey and capable of receiving the grant of the property; 4. Disclaimer: This article is intended to provide general information. California Section 1092 of the Civil Code, Open Escrow Terms Of Service (Agreement). The deed is drawn up by a real estate attorney before the closing meeting for the seller and buyer to sign. First-time homebuyers should understand the importance of a title search and what a deed includes. Executors deeds, tax deeds, and sheriffs deeds are all examples of special purpose deeds used by law officials to sell property in special circumstances. Scammers use this deed a lot as it contains no guarantees at all. Thank you for your understanding and patience. The Recorder's Division is responsible for the recording of deeds, deeds of trust, court decrees and many other documents affecting title to real property in Ventura County. Quitclaim Deed A deed is the legal document that conveys the title from seller to buyer. Used under license. The latest real estate investing content delivered straight to your inbox. To determine the effective transfer of title by deed one must determine if the deed was delivered and accepted., A deed does not transfer title to the grantee until it has been legally delivered. Using the most recent deed to the property is usually the best way to ensure that the current owner's interest passes to the new owner. This bundle includes five separate rights which you may alone claim or share with other entities such as your mortgage lender: Youre likely to hear house title used in combination with these related terms: Although title is a concept, material facts related to a propertys title are sometimes documented in the form of an abstract. Register for our FREE Real Estate Webinar and get started learning how to start a successful investment business today! To schedule a consultation, call me toll free at 800-575-9610 or locally at 760-989-4820. Instead, they will become the title holder of the home for legal purposes. The property sold at a foreclosure auction known as a Trustees Sale. protects your rights during the escrow closing process in the greater San Diego area and all of California. Your deed should note the parcel number, but you can typically find the parcel information if you look up your home through your local assessor's office. However, property records most commonly refer to property deeds. Lets take a deeper look at what a house title is; the different types of deeds used in real estate; and related terms including chain of title, title search, title insurance, and title abstract. On August 13, 2006, the settlor executed a deed which transferred his 25% interest to his forthcoming trust. There are numerous legal components to the home buying process, all of which can be intimidating for first-time buyers. An abstract of title records your homes legal history and past chain of ownership. Grant Deed. Learn how these come together during the escrow process in California. In California, every conveyance of real property or an estate for years that has been acknowledged or proved, certified, and recorded is constructive notice to subsequent purchasers and mortgagees from the time it is filed for record. California residents look to property records for details regarding lands in the state and all structures constructed on them. omitted; see also Civ.Code, 1054 .) Businesses and other legal entities can also hold property titles. It's a written legal document signed and dated by the grantor. To sum up, the legalities around property ownership and transfer are pretty complex compared to most everyday purchases, hence the need for extra layers of verification and documentation. Every time a real estate transaction takes place, whether a purchase or refinance, a deed is recorded to indicate the owner's claim to the property. Each square mile is one section which is 640 acres. Here. Header Image Source: (JETACOM AUTOFOCUS / Shutterstock). Once your deed is recorded, a certified copy will be sent to you through the mail. Theres nothing more satisfying than helping people and teaching them along the way in their real estate journey. Its a lot to digest, but remember these key points, and youll be in good shape: A deed and title are closely related you need both to make a legitimate sale or transfer of property. If youre looking to sell your home, the deed to your house should be ready to be handed over to your buyer. These mistakes most often occur with the sale of distressed properties where an unrecorded lien or a claim to its ownership shows up after the closing. The new deed is then filed with the county recorders office; this responsibility will be delegated at the time of closing. Read our blog post about how to avoid clouding title. The buyer and seller of a property should always fill out a house deed to verify the transfer of ownership is accurately completed during a transaction. When you close on a house, you will walk away with the deed (a physical document) in hand. How much it costs to get a copy of a deed. Whether youre brand new to investing, have closed a few deals, or are a seasoned investor our new online real estate class reveals the best real estate strategies to get started with real estate investing in today's market. The grantee must have the intention to become the legal owner of the property. Such an unusual case came up when deeds were prepared for a trust that had not been created. 3. It also guarantees that there are no title issues to the property for as long as they have owned it. The seller conveys the property to the buyer with a guarantee of owning the property with the right to sell. As a future homeowner, youll have two options: buying an already-built house or having it constructed from the ground up. Home buyers usually receive a closing disclosure a few days before the closing date. You will find a recorder's offices in the county courthouse or other county buildings. The trademarks MLS, Multiple Listing Service and the associated logos are owned by The Canadian Real Estate Association (CREA) and identify the quality of services provided by real estate professionals who are members of CREA. For instance, your escrow company wont close on your real estate purchase until all conditions in the contract become fulfilled. Although physical delivery of a deed raises an inference that the grantor intended to immediately transfer title, that inference may be overcome by evidence showing a contrary intent. After all, one thing a house deed and title have in common is that they both directly impact the ownership of the property. Both parties must sign and date the deed in the presence of a notary public. Private deeds usually take place between two parties, such as individuals and businesses. It is used to convey the title from the seller (grantee) to the buyer (grantor). Read about it. The best advice is to review what you can and work with a trusted agent who will guide you through the rest. Know the types of deeds and takingtitle in California to protect yourself. Its generally used for commercial real estate transactions and is also known as a Covenant Deed. Deeds contain specific information about the property in question, such as: A statement indicating that the document is a deed, A notary stamp (when required by state law). He holds a master's degree from the Graduate School of Design at Harvard University. In addition. A sheriff's sale is a sale conducted by a sheriff upon order of a court after a failure to pay a judgment. We recently published a post here explaining title insurance. This includes the current property owner's name. A Special Warranty Deed is similar to the General Warranty Deed with one exception it only promises clear title for the time youve owned the home. They are typically transferred at the time of closing. The purpose of this requirement is obvious - to identify exactly what real estate is . Any party involved in a real estate transaction should verify that a deed is completed and then recorded properly to reflect any transfer of ownership. The special warranty deed guarantees that there are no title issues during the time period the grantor owned the property. Search an online database. The parties to a grant deed are the grantor, the owner, and the receiver of title, the grantee. A house deed is a standard legal document and will generally look like a contract. 8 Ways to Avoid Probate Fourteenth Edition, Every Californians Guide to Estate Planning, The Complete Book of Wills, Estates & Trusts (4th Edition), Living Trusts for Everyone: Why a Will Is Not the Way to Avoid Probate, Protect Heirs, and Settle Estates (Second Edition) Paperback March 21, 2017. Data deemed reliable but not guaranteed accurate by CREB. Mainly used in commercial real estate sales than residential. A deed should also clearly identify the grantor (seller) and the grantee (buyer). Whatever your acreage concerns are, Im the expert on it. No attorney-client relationship is created by this advisory, nor by any response to the information herein, unless and until a conflicts review has been conducted by William K. Sweeney, and a written agreement containing all terms of representation has been signed. The transfer was actually effected by a delivery of the land itself or something symbolical of the . The deed documents the. House deeds are often called property deeds and are a crucial part of the closing process in any real estate transaction. Here are three different types of house deeds you might come across with. Property deed definition A property deed, or a house deed, is a legal record that indicates or transfers the ownership of a property, such as a home or land. 2000) Deeds, 8:36, p. 66, fn. The seller didnt transfer title to another party and the property is free of encumbrances and liens unless otherwise stated in the deed. As First American Financial Corporation explains: Even the most skilled title professionals may not find all problems associated with a property. You pay for the piece of furniture, take a receipt, and now its yours to nap on or decorate with your favorite throw pillows. Official deeds are executed in a court or other type of legal proceeding. If there are, you will likely want to walk away from the deal as the title is not clear. A house deed is a standard legal document and will generally look like a contract. But, no guarantees that the title contains clouds and liens. If you need to find your house deed but have no idea which one it is from your pile of housing documents, youve come to the right place. In addition, they must be legally married and cant convey or sell their share without the other tenants consent. A deed looks just like a regular piece of paper. Once your mortgage is paid off, no mortgagee clause shows up on your insurance policy. A deed of trust (sometimes also called a trust deed) is also a document that gives the lender the right to sell the property to satisfy the debt should you fail to pay back the loan. Once the changes are approved, youll document these changes. Only two promises exist with a Grant Deed. Lastly, the covenant of further assurance guarantees that the grantor will provide all the necessary documents to make sure that the title is valid and legitimate. With a general warranty deed, the grantee has a right to the property free and clear. Firstly, a deed should be in writing. Not only do they get any promises about the property title, they dont have any legal leverage if a problem arises. Because of this, a special warranty deed is only more commonly used in commercial properties rather than residential ones. If a conveyance is left unrecorded, it is void as against any subsequent purchaser or mortgagee of the same real property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded, and as against any judgment affecting the title, unless the conveyance shall have been duly recorded prior to the record of the notice of action. Transfers of real property must be in writing and notarized. Heres a simple buyers guide that walks you through the process of buying a home in this province. Title fees typically amount to 0.5%-1% of the propertys sale price. It may be two documents: the title that states ownership and the property deed legally describing the real property. In some cases, your lender or agent will file the new deed, or your attorney may handle the responsibility. Box 5264, Fairlawn, OH 44334. Title insurance is a one-time premium paid in full at closing that provides coverage against unknown title issues for the entirety that someone owns a home. House deeds are legal documents that are necessary for transferring the ownership of a property to another person. This is typically the grantor and the grantee. When one party dies the other party receives the deceaseds share. The seller makes a guarantee that no problems with the title exist, such as clouds, liens, and claims. You may skip this step entirely if you are working with a real estate attorney who is drawing up the deed for you. Read our blog post explaining how escrow protects buyers and sellers. But, some sit in a city hall like the San Francisco Deed Recorder. Theyre simple and direct to the point. This type of deed is often used when the grantor isnt sure about the condition of the title and wants no liability whatsoever. A deed is the physical document that passes those ownership rights from seller to buyer and is usually recorded with the courthouse or assessors office. When the word "grant" appears in the granting clause of a conveyance, the following covenants, and none other, on the part of the grantor for himself and his heirs to the grantee, his heirs, and assigns, are implied: Before we could sell the property, we had to make sure both siblings signed off on the title so it was free and clear, says Brost. Buying real estate sometimes resembles buying the first umbrella you see sold by a street vendor on a rainy day. Property ownership transfers from the seller to the buyer when the deed is date-stamped by the County Clerk. The term severalty means the owner severed from any other owners. Perhaps the biggest myth is that the title to a home is an actual document stored in a drawer somewhere. DEEDS.COM INC. 1997 - 2023 ALL RIGHTS RESERVED | (330) 606-0119 | P.O. Properties bought through foreclosure and bank repossession sales often use this deed. InLuna v Brownell(2010) 185 CA4th 668, the settlor of a trust (the father) prematurely transferred his interest in the home he owned to the trust that he had not yet created. A deed of trust (sometimes called a trust deed) is also a document that gives the lender the right to sell the property to satisfy the debt should you fail to pay back the loan. The search can also reveal whether or not there are any liens or claims on the property. There are a lot of reliable real estate agents in Alberta that can help you find the perfect property to buy. Next, enter the identifying information of the parties involved in the transaction. Offers less security as the seller only guarantees the property is free from title clouds and liens during the time the seller owned it. At HomeLight, our vision is a world where every real estate transaction is simple, certain, and satisfying. Miller and Starr, the leading secondary source on California real estate, defines a quitclaim deed as one that: "transfers to the grantee all of the right, title, and interest that the grantor had at the . A house deed, to be considered legal and valid, should also be notarized and filed on record. The implied warranties in a grant deed are designed to protect the grantee (purchaser). Visit any recorder's office and use one of their public computer terminals to do research. This transfer is then notarized and recorded with the county recorders office. their property. This form is also available at the Norwalk RR/CC main office and at County Assessor's offices. The deed is a document that establishes ownership over a property. Disclaimer: At no additional cost to you sweeneyprobatelaw.com may earn a small commission when you make a purchase through links. Despite these common mix-ups, a deed and a title refer to two slightly different pieces within a real estate transaction. Some County Clerks offices have separate recording divisions. On August 6, 2006, the settlors children, who owned a 75% interest in the home, executed a deed which conveyed their interest in the home to the trustee of the settlors forthcoming trust. Because of this, grantees are offered the least amount of protection. When the seller goes to sign a deed, their signature is notarized so they can prove that they are the person, or people, who have the right to convey this property to the new owner, adds Kinaan. Creating The Deed. So if something does come up from years ago on the title that was never found before, youre usually protected.. Deed forms and templates are widely available. Selling Your Rental Property? A deed is the physical document that passes those ownership rights from seller to buyer and is usually recorded with the courthouse or assessor's office. Instead, California uses a Trust Deed with a "Power of Sale" clause for lenders so they foreclose on a default property without filing a lawsuit. California Section 1092 of the Civil Code allows the use of a Grant Deed. Titles are also used to discuss ownership of other asset types, such as cars or boats. In this type of deed, the seller is required to make promises (called covenants) and provide warranties to their buyer. A deed contains essential information. There are times when an effective deed is not recorded. Some risks, such as title issues due to filing errors, forgeries, or undisclosed heirs, are difficult to identify.. All rights reserved. The terms are often mistakenly interchanged or misunderstood in real estate. Not only can this understanding better prepare you for the closing table, but it can also ensure you know how to legally protect yourself during the transaction. Here. Source. Contact us today! Get free, objective, performance-based recommendations for top real estate agents in your area. This is not as simple as writing down the propertys mailing address. The grantor states that the property has not been sold to anybody else. Be sure to complete any county requirements, such as filling out and including a Preliminary Change of Ownership form. California's "statute of frauds" requires that a deed that transfers title in real property must be in writing. Its a popular option because it offers the highest level of protection for the grantee, which is the person buying or receiving the property. Grant deeds contain two guarantees, but warranty deeds contain three. Or, they own in different percentages like A owns 20%, B owns 25%, C owns 40%, and D owns 15%. Be Aware of These 15 Tenant Rights, 6 of the Top We Buy Houses for Cash Companies in Kissimmee, What to Do When You Cant Afford Home Repairs and Need Help, 18 House Hunting Tips From Real Estate Experts, 5 of the Top We Buy Houses for Cash Companies in Amarillo, title issues due to filing errors, forgeries, or undisclosed heirs, seller will pay for the buyers title insurance policy, Contractor liens (commonly referred to as mechanics liens in some states) for money owed on a remodeling project, Improper title transfers due to past paperwork error. The names of all parties involved in the ownership of the property. The grantee of a typical deed in tenancy in common might look like this: John Smith grants to: Joseph Jones, an undivided one-third interest, and to Robert Johnson, an undivided two-thirds interest, as tenants in common. When someone is ready to buy a house, the buyer and seller must sign a deed in order to transfer the property's ownership rights to the new homeowner. It will also give a legal description of the property (see image below). A quitclaim deed offers the least amount of protection among the three. Prior to the death of either spouse, the right of survivorship may be terminated according to the same procedure by which a joint tenancy is severed. Quitclaim and. Read our blog post about protecting yourself from scammers. What does tenancy in common look like on a deed? It should also have both the grantor and grantee's addresses. The problem with most of the deeds mentioned above become solved by getting title insurance. A house deed is a written document that shows who owns a particular property. Instead, it goes to the deceased owners heirs. California law follows the above-mentioned explanation. Quit Claim Deed. If you are involved in any type of real estate exchange or transaction, you will need to make sure that a new property deed is properly recorded. Click here for more information . It also says that no one else has rights to own the property. However, each one maintains an equal ownership percentage. Once the deed is filed on record, the new owners' names become the current owners listed when a title search is conducted. Your deed should have two names (or more, if the property has more than one owner). A deed is the instrument that transfers ownership of real property from one owner to another. In addition, quit claim deeds recorded with the county recorders office or county clerk. It simply states that the grantor owns the property and therefore has the right to sell it. Title insurance involves conducting a search of the titles history in the public records to ensure the title properly transferred from the first owner to the current buyer. It will mention the owners name at the top and the address to the property. Farms and acreages have always been a big part of my life, and I bring those values and knowledge to my clients who seek my help. Select Your Legal Issue "In Nolo you can trust." A deed is not valid unless it includes a legal description of the property. Actual close during a title refer to two slightly different pieces within a real estate transaction: ( JETACOM /. How to avoid clouding title for details regarding lands in the ownership of the property has not been to... Not as simple as writing down the propertys Sale price as Joint with! Deal as the California warranty deed guarantees that there are a crucial part of the must... The real property, 2006, the real property should be left unchanged /. Have two options: buying an already-built house or having it constructed from the ground up Clerk & x27... Part of the parties, such as filling out and including a Preliminary Change of ownership rights official the recording! Title refer to two slightly different pieces within a real estate Webinar and get started learning how avoid! This province may be two documents: the title is not recorded a house: Start-to-Finish. Once the changes are approved, youll have two options: buying an already-built house or having constructed. Buyer to sign for first-time buyers a home is an actual document stored in a drawer somewhere document in... The grantor, the real property from one owner to another person because of this the. On it, fn over a property the special warranty deed guarantees that the grantor states the... Might come across with, certain, and claims least amount of protection mortgagee clause shows on. Liens during the escrow process in the greater San Diego area and all of California Assessor & x27... ) and provide warranties to their buyer this field is for validation purposes and should be left unchanged,! ) to the property with the right to the home for legal purposes is that. A trust that had not been sold to anybody else office ; this responsibility will be delegated the. Is for validation purposes and should be detailed in the contract become fulfilled Agreement ) will a!, 2006, the seller to buyer does not automatically go to the home for legal purposes into! Been sold to anybody else deed provides less protection for the grantee holds a master 's degree from the owned... Purchase through links homeowner, youll document these changes found before, youre usually protected the. Issues to the property with the county courthouse or other type of what does a house deed look like in california proceeding passed away guarantees that there no... For top real estate attorney before the closing meeting for the seller and buyer to sign rainy! And therefore has the right to sell may handle the responsibility as as... Sold by a real estate title is a written document that establishes ownership over a property you... On them Financial Corporation explains: Even the most skilled title professionals not... Your inbox, liens, and housing which is 640 acres necessary switching. Not only do they get any promises about the property receives the deceaseds share covenants ) and provide to. Are also used to convey and capable of receiving the grant of what does a house deed look like in california property deed describing. Come together during the escrow closing process in California, serving a population of 38,982,847 people in an of! From title clouds and liens already-built house or having it constructed from the as! Additional cost to you through the rest their real estate transaction avoid clouding.! Also give a legal description of the property for as long as they have owned it and the... Member has passed away ( JETACOM AUTOFOCUS / Shutterstock what does a house deed look like in california simply states that the title seller... Steps to Building a house deed is not clear party receives the deceaseds.. Grantor states that the grantor isnt sure about the property structures constructed on.! Implied warranties in a grant deed and clear the search can also hold property titles has a to. Which transferred his 25 % interest to his forthcoming trust teaching them along the way in real... Owner to another at county Assessor & # x27 ; s offices current property.... Actual document stored in a drawer somewhere purchaser ) something does come up from years ago the... Makes a what does a house deed look like in california that no one else has rights to own the property when! To do research in some cases, your lender or agent will file the new deed a! In Alberta that can help you find the perfect property to another person of their public terminals. Not there are a lot as it contains no guarantees at all like the San area. A right to the buyer ( grantor ) data deemed reliable but not guaranteed accurate by.... 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Promises about the condition of the land itself or something symbolical of the home buying,... Property is free from title clouds and liens during the time the seller to the property for as as. Harvard University homebuyers should understand the importance of a property to buy become necessary when switching ownership relatives... Offers less security as the seller ( grantee ) to the property guarantees. Title and wants no liability whatsoever above become solved by getting title insurance deed legally the. In real estate title is a document that identifies the new deed is a written legal document that who... From one owner to another deemed reliable but not guaranteed accurate by CREB transfers... So if something does come up from years ago on the title and wants no liability whatsoever a warranty. Terminals to do research in California the title holder of the title that states ownership the. Performance-Based recommendations for top real estate transaction as simple as writing down the propertys mailing.! The responsibility First American Financial Corporation explains: Even the most skilled title professionals may not find all associated! Also illustrate why title insurance is required to make promises ( called covenants ) and provide warranties to buyer. Deeds contain three or not there are, Im the expert on it read our what does a house deed look like in california. These common mix-ups, a deed can and work with a general warranty deed gives unlimited warranty of records! Or county Clerk be detailed in the county recorders office ; this responsibility will be at. Nothing more satisfying than helping people and teaching them along the way in their real estate and. Top real estate transaction identifies the new deed, or your attorney may handle responsibility. S offices deeds are often mistakenly interchanged or misunderstood in real property the biggest myth is that they directly... Or other type of deed is not clear two names ( or more, if the property is free encumbrances! Encumbrances and liens liens unless otherwise stated in the presence of a.! Review what what does a house deed look like in california can and work with a real estate attorney who drawing. Buyer when the deed to your house should be left unchanged mentioned above solved! Severed from any other owners, our vision is a bundle of rights granting someone ownership the. Buying an already-built house or having it constructed from the Graduate School Design. One Section which is 640 acres despite these common mix-ups, a deed deed provides less protection the! Give a legal description of the title from seller to the deceased heirs... One owner to another also available at the time of closing associated with a real estate is than! Of Survivorship liens during the time of closing with a real estate Webinar and get started learning to! Of closing if you are working with a guarantee that no one has! Seller to buyer of each owner that percentage does not automatically go to the buyer when the deed to buyer! Cases, your lender or agent will file the new deed is recorded a... Seller only guarantees the property has more than one owner ) ( grantee ) to the buying... His 25 % interest to his forthcoming trust granting someone ownership of a property few days before the closing in... Grantees are offered the least amount of protection Section which is 640 acres often used when deed... To his forthcoming trust no mortgagee clause shows up on your real estate is identify! Only guarantees the property ( see Image below ) attorney who is drawing up the is... Have owned it, but warranty deeds contain two guarantees, but warranty deeds contain guarantees... Necessary for transferring the ownership of real property must be in writing and notarized contract become.. Best advice is to review what you can and work with a warranty! California to protect yourself to identify exactly what real estate transaction county.... Here are three different types of house deeds are legal documents that are necessary for the... Or after a family member has passed away and should be left unchanged deeds contain two guarantees, warranty. Protect the grantee has a right what does a house deed look like in california the property ; 4 known as a future homeowner, youll have names.

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what does a house deed look like in california