Title Documents Defined

Real estate transactions involve numerous recorded documents, each with specific legal functions. Understanding these documents is essential for agents, buyers, and sellers navigating the closing process. Team Goeglein at Fidelity National Title prepares, reviews, and records these documents on every transaction across the South Bay.

Grant Deed and Quitclaim Deed: A deed is a written instrument by which title to real property is transferred from a grantor to a grantee. The Grant Deed uses the statutory word 'Grants' and includes implied warranties. The Quitclaim Deed uses 'remise, release and forever quitclaim' and offers no warranties about the validity of title. Trust Deed (Deed of Trust): A security instrument used by the borrower (trustor) to convey bare legal title to a neutral trustee, securing an obligation payable to the lender (beneficiary). The trustee holds power of sale to foreclose non-judicially in case of default.

Full Reconveyance: When the debt secured by a deed of trust is satisfied, the beneficiary must deliver the original note and deed of trust to the trustee with a request for full reconveyance. The trustee then records a Full Reconveyance, returning bare legal title to the property owner. Assignment of Deed of Trust: Transfers the lender's beneficial interest in a deed of trust to a new party. Substitution of Trustee: Used when the beneficiary needs to change the trustee under a recorded deed of trust.

Notice of Lis Pendens: A recorded notice that a court action is pending that may affect title to the property. It provides constructive notice and is effective only while the action is pending. Mechanic's Lien: A statutory lien imposed on real property to secure compensation for labor and/or materials contributed to the improvement of the property. A Release of Mechanic's Lien must be recorded when the claim is satisfied.

Subordination Agreement: Changes the normal priority of liens — the most common use is making an existing deed of trust junior to a new one. Notice of Default: Commences non-judicial foreclosure proceedings under the power of sale in a deed of trust. Notice of Trustee's Sale: Must be recorded at least 14 days prior to the foreclosure sale date, providing the location, time, and estimated payoff amount. Notice of Rescission: Cancels a Notice of Default when the borrower cures the default.

Matt Goeglein and Xavier de la Piedra IV at Fidelity National Title review every recorded document affecting title on every transaction. Contact Team Goeglein with questions about any title document on your preliminary report.