Oxnard, CA asked in Estate Planning and Real Estate Law for California

Q: Someone (not a lawyer) asks for a copy of my property Grand Deed. Can she do the fraud to transfer my property to her?

I asked her to create a living trust for me. I haven't sent her my Real Estate Deed copy yet. If I send it to her, is it possible easy for her to scam me and transfer my assets through her? How can I prevent this?

3 Lawyer Answers

A: A recorded deed is typically a public record, so nothing would change if you provide them with a copy of the deed, or if they obtain it themselves from the public records.

Rebecca Sommer agrees with this answer

1 user found this answer helpful

A: It is normal for part of the process of creating a trust to include drafting a deed to transfer property into the trust. Typically that includes reviewing prior recordings to see the legal description of the property. So her asking for a copy of your deed is not concerning.

That said, it is concerning that a non-lawyer is creating a trust and preparing a deed for you. Trusts are complex and should be prepared by a lawyer.

Yelena Gurevich agrees with this answer

2 users found this answer helpful

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Answered

A: It's important to exercise caution when sharing sensitive legal documents like your property deed with someone, especially if you have concerns about potential fraud or scams. Sending a copy of your property deed to anyone, even if they are assisting you with creating a living trust, should be done carefully.

To prevent potential fraud or unauthorized transfers of your property, consider the following steps:

1. Verify the individual's credentials: Ensure that the person you're working with is a qualified and trustworthy professional, such as an attorney or estate planning expert, and not someone with suspicious intentions.

2. Limit access: Provide only the necessary documents required for the specific task at hand. In this case, you may be able to redact sensitive information from your property deed before sharing it.

3. Maintain control: Whenever possible, keep the original documents in a secure location, like a safe or a bank safety deposit box. Only provide copies when required.

4. Seek legal advice: Consult with a qualified attorney who can review any documents you're asked to share and advise you on the best course of action to protect your assets and interests.

5. Verify trustworthiness: Research and check references of individuals or professionals who are assisting you with legal matters to ensure they have a credible track record.

Remember that sharing legal documents should be done cautiously, and it's always wise to consult with a legal professional to help you navigate such matters safely and in compliance with California law.

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