Is a Forged Deed Void ? as against a BFP in California ?
My Name wasforged to a Deed and sold by the forger to another party via an addin the Penny SAver.
Forger had documents noatriazed and recorded. New purchaser responded to ad inthe Penny saver, obtained title insuranceand urchase the property from the forger.
IS the DEED VOID ? as against a BFP for value ?
Yes, a forged deed if proven forged, is completely void ab initio (from the beginning). Even against a Bona Fide Purchaser for value.Las Vegas Lawyer39932.2077314468
IS there a case that stands fro this proposition in California ?
It is a common rule across the states. Here are some cases that have it.Republic of Benin v. Mezei, 483 F.Supp.2d 312 (S.D.N.Y., 2007)United States v. Winters, 5 F.2d 321 (W.D. Wash., 1925)The main case in CA for forged deeds is :People vs. Sanders, 67 C.A.4th 1403 (1998)
Over 12 years of business and legal experience.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).