Legal Question in Real Estate Law in California

Re: Deed to the House

A forged deed does not pass title. You will need to file the quiet title action mentioned by Mr. Whipple, but you will need to move fast. Today, a deed that is going to be recorded requires a notary, and the notary is required to get a right thumb print. If a deed was forged, and you did not put your right thumb print in a notarial journal, this means that your family used a crooked notary. I see about four or five cases like this a year.

You are most likely going to need a questioned documents expert. I would contact a qualified attorney immediately, with your paperwork and a copy of the deed, if you can locate it.

Very truly yours,

Re: Deed to the House

As a not-too-important preliminary matter, I would like to point out that a deed is a legal instrument whose work is done when it is signed and delivered. Once it is delivered to the grantee(s), its work is done and future alterations to it, or even its total destruction, does not change the ownership of the property described in it. Also, since a deed is a piece of paper, how can names be "dropped off" it -- by cutting off a part of the paper with scissors? With ink remover?

I'm sure what you mean is that someone removed, or tried to remove, your name from record title at the county recorder's office, perhaps by recording a new, and fraudulent, deed whereby you appear to have quitclaimed your interest - or something of this sort.

Removing a co-owner's name from title without his knowledge or consent is, in every instance I can think of except where the person has died, illegal.

Getting your share of the house back will probably require a lawsuit, most likely a suit to "quiet title" in which you (via your lawyer) will make the legal case justifying a court's finding that you've been cheated and issuing a judgment restoring you to title. In the same action, you could seek damages for any consequences of the fraud, such as loss of rental income while you were deprived of ownership.

Since this is a family matter, you should consider negotiating with your mother or whomever else is responsible for what's happened before filing a lawsuit. Also, keep in mind that lawsuits are often settled out-of-court, or with the court's assistance, before trial.

Re: Deed to the House

Normally, your name cannot be removed from the title without your permission. We would need to review the documents that you have. If there is a fraud, you may have a claim.