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Old 12-23-2019, 12:04 PM   #1
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californialover's Flag is: United States
Join Date: Dec 2019
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Default Grant deed

Hello All

Here is a question I have always wanted to ask.

We live in California

You know how they make a seller sign the Grant Deed prior to receiving funds... What would happen if the deed gets recorded and the buyer never receives the funds?

I know "escrow" is supposed to handle and protect that...but lets say it happens. What can the seller do in this case?

The reason I ask is that we are wanting to sell our home and we are finding many small unknown escrow companies offering lower fees than the bigger escrows. So before I try them I was just wondering what would happen if a Grant Deed gets recorded and Seller never gets the funds.

Thank you
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Old 12-23-2019, 04:09 PM   #2
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Default Re: Grant deed

You asked this on another site. The answer is the same. On the astronomically remote chance that this ever happened the seller would be royally screwed because it's something more likely to be done by criminals who take the money and disappear.
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Old 12-26-2019, 05:08 AM   #3
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Default Re: Grant deed

A grantor’s receipt of consideration is not necessary for a voluntary conveyance of real estate by deed. A deed is not void for lack of consideration received by the grantor for conveying the property. Further, without fraud or misrepresentation on the part of a buyer of real estate, a deed cannot be voided or rescinded by the seller for the buyer’s failure to pay the balance due on the purchase price. A delivered deed is not void or voidable and the title remains with the buyer when the buyer fails to tender the balance of the purchase price he agreed to pay to the seller. The seller, having conveyed the property, can only recover his money losses in a judgement.
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