Fill and Sign the Warranty Deed from Two Individuals to an Individual California Form

© 2017 - U.S. Legal Forms, Inc.       CALIFORNIA WARRANTY DEED [Two Individuals to One Individual] Control Number: CA-044-78 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. WARRANTY DEED VERSUS GRANT DEED Warranty Deed: Includes three all present warranties or “covenants”: (1) “Seisin” - an assurance that the seller is the rightful owner of the property being sold; (2) No Encumbrances - An assurance that the property is not subject to any undisclosed liens, mortgages, taxes, leases, easements and other restrictions that would impinge upon the buyers title our right to possession of the property; and (3) An assurance that the seller is legally entitled to transfer the property to the Buyer. California Grant Deed: This type of deed offers more protection to a buyer than a quitclaim deed , but less protection than a warranty deed . The implied warranties in a grant deed are designed to protect the grantee (purchaser). The grant deed includes the implied warranty that the grantor has not conveyed the title or interest in the property to anyone else and that the property is free from any encumbrances done, made, or suffered by the grantor or any person claiming under him, except for any that may be specifically disclosed in the deed (CA Civil Code §1113). The main difference between a warranty deed and a grant deed is that in a warranty deed, the grantor will warrant and defend the title against the claims of all persons. III. 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. IV. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the state of California. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS IN TERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Recording requested by:                   And, when recorded, mail this deed and tax statements to: Name:       Street Address:       City, State, Zip:       Telephone:       WARRANTY DEED [Two Individuals to One Individual] TRA:       APN:       This transfer is exempt from the documentary transfer tax based on:       The documentary transfer tax is $       City Tax, if any: $       County Tax, if any: $       and is computed on: the full value of the property conveyed. the full value less the liens and encumbrances remaining thereon at the time of sale The property is located in an unincorporated area the city of       FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged: GRANTORS:       , an individual, whose street address is       , and       , an individual, whose street address is       , do hereby REMISE, RELEASE AND GRANT to GRANTEE:       an individual, whose street address is       , the following described real estate in       County, in the State of California, to-wit: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description: Warranty Deed Page 1 of 2       And the Grantors hereby covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple; that the Grantors have good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,       . EXECUTED on the day and year set forth below. Date:       Date:       (Grantor’s Signature) (Grantor’s Signature)             Print or Type Name Print or Type Name A notary public or other officer completing the certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CA. Civil Code § 1189. 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 names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity , and that by their signatures on the instrument the persons , or the entity upon behalf of which the persons 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. Signature (Seal) Warranty Deed Page 2 of 2 EXHIBIT A Grantor:       Grantor:       Grantee:       Legal Description:       Warranty Deed Exhibit A