Q: Can an owner sell property if his deed has been presented for registration but is not yet actually registered?
The owner was deeded the property in 2015, but the deed hasn't been registered yet.
A: Technically yes but you are running the risk of creating a title defect. It is easy to record a transfer. Go down to the county recorders office, pay a small fee, and the recorder will record it in the land title records. Do it first, then convey title. You should also get title insurance for the party receiving title upon transfer.
A: Does something smell like fish to you? He was deeded the property in 2015 but did not record it and this is 6 years later? That is crazy. Deeds are usually recorded within a couple of days of execution, because otherwise the original owner can sell or encumber the property again, and the first person with the unrecorded deed is out of luck! Someone is pulling funny stuff here. Now the unrecorded owner wants to sell the property? But he is not the OWNER OF RECORD. This is going to create a VERY PROFITABLE SITUATION FOR A REAL ESTATE ATTORNEY to try to straighten out the title to this property. A reason to refrain from recording the deed is to DEFRAUD the mortgage company, because the new owner does not qualify for the loan. Now you are adding FRAUD into the mix. AND
Sorry, the window closed. First- you may not be adding fraud to the mix, but they are, which could affect your title, if you are a buyer. Now- AND- the problems may prevent you, as a new buyer, from obtaining a proper Title Insurance. But the biggest problem is that without looking at all the documents and a preliminary Title report, all of this is just speculation, because you could be describing document incorrectly. You need to have a proper title review done by a Title Insurance company and to have all these papers reviewed by a good Real Estate attorney. I see you have posted from Irvine, in So. Cal. There are literally 100's of attorneys here who could review your documents for a fee. If this property is in Irvine, you are going to be putting up about a half million dollars, which could be 100% at risk of loss if the proper foundation is not prepared to secure you the title to the property.
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