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News & Press: Sacramento Report

Follow-up on Transfer on Death Deeds

Wednesday, January 18, 2017  
Posted by: Heather Starkey
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Follow-up on Transfer on Death Deeds

The Legislature authorized a Transfer on Death Deed in 2015 following a recommendation by the California Law Revision Commission. A question has now arisen over whether the deed alone needs to be recorded, or whether the common questions page must also be recorded for the deed to be effective. The essential issue is whether the uncertainty might cause title insurers to be reluctant to insure the beneficiary. Therefore, the Commission is looking to decide whether to recommend an amendment to the law to address the issue and, if so, whether to require that the common questions page be recorded along with the deed. The Commission will address the issue at its April meeting.

California Land Title Association

1215 K Street #1816 Sacramento, CA 95814-3905
Email:  |  Phone: 916-444-2647  |   Fax: 916-444-2851