Recording Contract for Deed in California

Q: When a property is under a contract for deed the buyer or lender takes possession of the property?

In a contract for deed, the buyer takes possession of the property while making payments to the seller. The seller retains legal title until the contract is fulfilled, but the buyer can occupy and use the property during this period.

Q: What type of title means the seller does in fact have legal title to the property and that it is free of defects?

A 'clear title' means the seller has legal ownership of the property and that it is free of defects, liens, or encumbrances. This ensures that the buyer can take possession without any legal issues affecting the property.

Q: Who conveys title to the buyer at closing?

At closing, the seller conveys the title to the buyer. This is typically done through a deed, which transfers ownership from the seller (grantor) to the buyer (grantee) upon completion of the sale.

Q: Who conveys the title in real estate?

In real estate transactions, the title is conveyed by the seller, known as the grantor, to the buyer, known as the grantee. This transfer is formalized through a deed during the closing process.

Q: Who signs the deed at closing?

At closing, the seller signs the deed to transfer ownership of the property to the buyer. The buyer may also sign the deed, depending on the transaction type, but the seller's signature is essential for the transfer.

Full question:

I purchased a small gas station (real property) and the seller holds the title until I pay off the loan balance. We used contract for deed form to complete the transaction. How do I record this document in Sacramento county to protect myself. What Kind of form, procedure, or any requirement of extra documents besides contract for deed and fee?

Category: Real Property
Subcategory: Deeds
Date: 04/07/2025
State: California

Answer:

To record in person, visit the Sacramento Recorder's Office downtown location at 600 8th Street (corner of 8th and F Streets), Sacramento, CA 95814. Same-day document recording hours are 8:00 a.m. to 3:00 p.m., Monday through Friday. You may also mail your completed document to the Sacramento County Recorder, P.O. Box 839, Sacramento, CA 95812-0839. Checks and Money Orders for applicable taxes and fees should be made payable to the Sacramento County Recorder.

For further questions, please contact:

General Information

(916) 874-6334

Toll Free outside the 916 area code but within California

(800) 313-7133

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is a person to whom real estate is conveyed the buyer called?

The person to whom real estate is conveyed is typically referred to as the 'grantee.' In a real estate transaction, the grantee is the buyer who receives the title to the property from the seller, known as the 'grantor.'