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What would cause a deed to be void?

The California Civil code states that a contract may be rescinded if it was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party. (Civ.

What are the 4 elements of a deed?

Essential Elements of a Valid Deed Competent parties: grantor and grantee. Words of grant or operative words of conveyance. Sufficient description of the property to be conveyed. Proper execution.

Which deed is most commonly used to clear a title?

Warranty deed A warranty deed, which also may be called a general warranty deed, is the type of deed used most frequently when real property is sold. A warranty deed guarantees that the title is free and clear of debts or liens.

What is more important the deed or the title?

A deed is evidence of a specific event of transferring the title of the property from one person to another. A title is the legal right to use and modify the property how you see fit, or transfer interest or any portion that you own to others via a deed.

What is the best deed for a house?

Warranty Deed A Warranty Deed guarantees that a propertys title is free from encumbrances while transferring its ownership. Warranty Deeds are used in most home sales between unrelated parties because they offer the most protection for buyers without established trust.

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