Dear Michael: we are purchasing a home. The escrow officer tells me that as part of the closing steps we need to record title before we can claim ownership. What is recording Title all about?
Answer: When you purchase real property, you receive a notarized written document called a “Grant Deed”. The Deed transfers ownership (title) of the property to you the purchaser. The conveyance of real property is not complete until the deed is delivered to you or your authorized agent. The deed needs to be recorded at the county recorder where the property is located. The purpose of recording the deed is to give “notice to the world” that you now have an ownership interest in that particular piece of real property. Recording also tracks the chronological chain of title. Before you purchase real property, you can follow the chain of sales and transfers of the property, from the original grant of the land, all the way to the current owner. When title insurance is purchased, the title insurer checks the change of title to determine whether any past defects occurred in prior conveyances and transfers. Defects may then be pointed out and may be excluded from coverage. As a purchaser of any real property, you always want to make sure that during the previous years the property was transferred, the grantor kept clear title to the property.
Dear Michael: When I purchased my home I was told it was zoned R1. Now I am told that my property is zoned R2. Where can I get an accurate answer on what my property zoning?
Answer: The good news is that when you purchased your home you were not told that the property was R2- to now find out that it is R1. A reversal of fortune could have caused you hardship. The definition of R1- zoning is for single family residence only. R2 is for duplex or 2 units. R2-zonings are in high demands as it allows a homeowner to build an additional home on the property. This could also be used as a rental property. Your local zoning office, city hall, or other local planning board will have a copy of your zoning ordinance. Zoning ordinances and zoning maps are public records. In some municipalities, if you have a legal description of the property (name, address, tax map and parcel number), you can phone the appropriate zoning department or city hall or e-mail your request for information. Some communities have their zoning maps and their zoning ordinances online and in local libraries.
Dear Michael: What is the procedure to transfer a house from one person to another within the same family? What is the documentation involved for the transfer?
Answer: The traditional answer to your questions is a “Quit Claim Deed” is needed to complete a transfer of ownership. This is a simple document, usually a single page which is filed with the county clerk and recorder. In Los Angeles County it’s a one page form listing the property, its current owner, new owner and vesting and legal description. The current owner has to sign the form (new owner does not) and have the signature notarized.
Michael Kayem is a Realtor with Re/max Estate Properties serving Culver City and the Westside since 2001. You can contact Michael with your questions at 310-390-3337 or e-mail them to him at: homes@agentmichael.com