California Rescission Deed

CALIFORNIA DEED OF RESCISSION
[Individual to Individual]

Control Number: CA-030-78

I. TIPS ON COMPLETING THE FORMS

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II. BASIS OF EXEMPTION FROM TRANSFER TAX

The following is a list of real estate transactions that are exempt from the documentary transfer tax:

1. Conveyance Confirming Title in Grantee:
   

   “This conveyance confirms title to the grantee(s) who continue to hold the same interest acquired on Date , Document No. wherein $ Documentary Transfer Tax was paid, R & T 11911.”

2. Conveyance in Dissolution of Marriage:

   “This conveyance is in dissolution of marriage by one spouse to the other, R & T 11927.”

3. Conveyance to Secure a Debt:

   “This conveyance is to secure a debt, R & T 11921.”

4. Reconveyance upon Satisfaction of a Debt:

   “This is a reconveyance of realty upon satisfaction of a debt, R & T 11921.”

5. Conveyances transferring Interests into or out of a Living Trust:

   “This conveyance transfers an interest into or out of a Living Trust, R & T 11930.”

6. Conveyance Changing Manner in Which Title is Held:

   “This conveyance changes the manner in which title is held, grantor(s) and grantee(s) remain the same and continue to hold the same proportionate interest, R & T 11911.”

7. Court Ordered Conveyances Not Pursuant to Sale:

   “This is a court-ordered conveyance or decree that is not pursuant to sale, R & T 11911.”

8. Conveyance Given for No Value:

   “This is a bonafide gift and the grantor received nothing in return, R & T 11911.”

9. Conveyance to Establish Sole and Separate Property of a Spouse:

   “This conveyance establishes sole and separate property of a spouse, R & T 11911.”

10. Conveyance to Confirm a Community Property Interest when property was purchased with Community Property Funds:

    “This conveyance confirms a community property interest, which was purchased with Community Property Funds, R & T 11911.”

11. Conveyances to Confirm a Change of Name:

    “This conveyance confirms a change of name, and the grantor and grantee are the same party, R & T 11911.”

12. Conveyances of an Easement or Oil and Gas Lease Where the Consideration and Value is Less Than $100.00:

    “This is a conveyance of an easement (Oil and Gas Lease) and the consideration and value is less than $100.00, R & T 11911.”

13. Conveyances Where the Liens and Encumbrances Are Equal or More Than the Value of Property, and No Further Consideration is Given:

    “The value of the property in this conveyance, exclusive of liens and encumbrances is $100.00 or less, and there is no additional consideration received by the grantor, R & T 11911.”

14. Conveyances from a Trustee Under a Land Contract at the Consummation of the Contract:

    “This is a conveyance of equitable title from a trustee, under a land contract, to the vendee at the consummation of the contract, R & T 11911.”

15. Conveyance from Individual(s)/Legal Entity(ies) to Individual(s)/Legal Entity(ies) Where the Grantors and Grantees Are Comprised of the Same Parties, and Parties Continue to Hold the Same Proportionate Interest.

    (Exception: Dissolution of a Partnership. R & T 11925[b]): “The grantors and the grantees in this conveyance are comprised of the same parties who continue to hold the same proportionate interest in the property, R & T 11925(d).”

NOTE: IF the transfer qualifies for exemption under one of the above categories, this should be noted on the face of the deed in the space provided. For example:

This transfer is exempt from the documentary transfer tax based on:

This conveyance is in dissolution of marriage by one spouse to the other, R & T 11927.

III. Note re “Grantor” vs. “Grantee”

Paragraph Two of the deed begins:

NOW, THEREFORE, the said Grantor, , an Individual

The Grantor referred to in this section is the Grantee in the deed being rescinded. For example, if A sold the “property” to B in the original deed, A is the Grantor and B is the Grantee. But, if A and B agree to rescind that transfer, B becomes the Grantor and A the Grantee.

IV. DISCLAIMER

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DEED OF RESCISSION

[Individual to Individual]

DEED OF RESCISSION

[Individual to Individual]

THAT WHEREAS , an individual of the County of , State of did on or about the day of , , execute and deliver to , an individual, a conveyance of certain lands, situated in County , State of California, and recorded in Volume , Page , or as Instrument No. , of the Deed Records of County , California, a copy of which is attached hereto as Exhibit “A” and incorporated herein for any and all purposes, and this being the conveyance which the parties now wish to rescind; and whereas, it being mutually agreed that it is appropriate to rescind said conveyance for all purposes;

NOW, THEREFORE, the said Grantor, , an individual, in consideration of the premises aforesaid, does hereby grant, bargain, sell, and convey unto , an individual, of the County of , State of , hereinafter Grantee, all of the tract of land situated in the County of , State of , which is more particularly described in the said Exhibit “A”.

AND THE SAID Grantor will only warrant and forever defend the right and title to the above described property unto the said Grantee against the claims of persons claiming through or under Grantor, but against no other claims or encumbrances of any kind.

This is a deed of rescission, given and accepted as such in order to rescind said earlier deed dated on the day of , 20 , and it shall be effectual as of and retroactive to such date.

EXECUTED this day of , 20

State of California

County of

On , 20 before me,

(here insert name and title of the officer), personally appeared ,

who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

EXHIBIT A

ATTACH THE ORIGINAL DEED AND LABEL IN THE SAME MANNER AS THIS EXHIBIT