Legal Question in Real Estate Law in California
I am attempting to purchase a home that someone filed a fraudulant deed of trust on the property giving them ownership through a trust. I know this is fraudulant because the notary stamp used, was reported stolen prior to their notarized document, the owner did not sign their document, and to top it all off, the gentleman who filed the deed is a disbarred attroney in California. The new law in CA: California Assembly Bill 2326. Effective January 1, 2013, the new law prohibits proofs of execution for documents affecting real property and requires a journal thumbprint when notarizing these documents. Can I request this document with said finger/thumb prints and how do I go about that. What would you suggest
2 Answers from Attorneys
You request the notarial journal from the notary, unless the the journal has been turned over to the Secretary of State. If the notary seal was stolen at the time of the acknowledgement, then you are wasting your time because the fake notary is not going to be making thumbprint entries in their journal.
The original deed of trust should have been mailed to the party who requested recording, after it was recorded. That information should be in the upper left hand corner of the first page of the deed of trust.
Bottom line: you'll almost certainly have to file or join is a lawsuit to quiet title and cancel a fraudulent deed. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible.
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