Legal Question in Real Estate Law in California
How can a Deeds be changed
How can someone legally change a deed? My mother signed a document she thought was a contract to pay money back, but now we think it was a POA, and her deed was changed without her knowing
2 Answers from Attorneys
Re: How can a Deeds be changed
You need to determine precisely what your mother signed. If she signed a Power of Attorney, and the agent she appointed transferred property into someone else's name, you will probably need to file a lawsuit against the agent. I suggest you take all of the documents you have to an attorney for review. After reviewing your documents and speaking with you and your mother, the attorney will be able to advise you on your best course of action.
Re: How can a Deeds be changed
First, a power of attorney must be either notarized or bear the signatures of two disinterested witnesses. If you can determine who notarized it (if that happened), the notary's records should state what kind of document it was, or appeared to be. If there were two witnesses, of course, you should quiz them about the document.
Next, check the recently recorded documents at the county recorder's office in the county where the property is situated. Your ability to do this on-line will vary from county to county; unfortunately, California is very erratic in degree of public access to recorder's information. At best, you should be able to find out whether a deed or other document has been recorded either affecting that parcel (you'll need the assessor parcel number) or where your mother is listed as a grantor in the grantor index.
Deeds can't really be "changed" once they are executed and delivered. At that point, they have done their work to transfer the property, and the parties cannot un-do the effect of the deed by burning it or otherwise; the only way the deed can be un-done is to grantee to execute and deliver another deed reversing the first transaction.
There is an important exception. If the deed was fraudulent in the first place, it may be void; i.e., it had no effect. Only a court has the power to adjudge and declare that a deed is fraudulent and thus void ab initio (from the beginning).
Your facts are a bit skimpy, but I think it is possible you will conclude after checking with witnesses, the notary, and the recorder, that a fraud has been perpretrated. At that point, you will need the assistance of an attorney and a judge to un-do the harm that has been done.