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Orange County, California - Land Records
Search by Recording Date. Search by Legal Description. Select the search option. Search By Name. Party type. Thus, before property is bought or sold, a search of the County records is made typically by a title insurance company.
Real Property Requirements
Deeds are typically recorded to provide notification to the general public as to who owns a particular property. Deeds are also recorded to prevent fraud or double sales of the same property. Recording is important especially to the grantee the buyer so that the grantor seller is prevented from fraudulently transferring the same property to a different person. Under California law, once a property deed is recorded, it is considered notification to all the world of the transfer. For example, if a grantor delivers a deed to grantee 1 today and grantee 1 records the deed today then grantee 1 is safe from the grantor fraudulently giving a deed to somebody else.
Thus, if the grantor gives another deed to the same property to grantee 2 tomorrow, that person receiving the deed tomorrow is considered to have legal notice of the recording that was done today by grantee 1 and therefore cannot claim valid ownership of the property. Grantee 1 does not have to prove that the grantee 2 somehow had actual knowledge of the sale or transfer to grantee 1.
Inventory of County and City Records Available at the California State Archives
That is the point of the law that says that the recorded deed has in effect notified the grantee 2 so the grantee 2 cannot possibly claim legal ownership. Quiet title is a legal term to describe the court lawsuit proceedings that may be brought to determine conflicting ownership claims to real estate. Thus, in the above example, grantee 1 can bring a quiet title lawsuit against grantee 2 to get a judge to declare that the deed to grantee 2 is invalid.
Quiet title lawsuits are also brought to determine other sorts of conflicting claims concerning real estate such as liens, mortgages, adverse possession claims and easements. Filing a quiet title lawsuit is often the last resort if conflicts in ownership are discovered in the course of a transaction. Sometimes things that are recorded against the property are mistakes and the mistakes can be corrected if everyone involved is willing.
Typically there is some investigation and discussion back and forth between the title company, buyers, sellers, and their attorneys to see what the alternatives are. Sometimes there are genuine disputes that need a quiet title lawsuit to resolve.
Sometimes there are fraudulent claims which also may need a quiet title lawsuit to resolve. The lawsuit is filed with the Superior Court in the county where the real estate in question is located. The plaintiff is the person who is trying to clear the title to the property into his or her name. For the most current fees and further information, contact the local recorder directly. Include the recording fees, making checks payable to "Orange County Clerk-Recorder. The fee will address homelessness and housing shortages, and help to increase the rate of home ownership within the State by creating a Building Homes and Jobs Trust Fund to which the additional fee will be remitted.
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Transfers subject to the documentary transfer tax as defined in Section of the Revenue and Taxation Code or on any real estate instrument, paper, or notice recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier are exempt from this fee. If you have any questions about how the Building Homes and Jobs Act affects your recording fees, please speak with a clerk with the Recorder's Office or a licensed attorney within the state.
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