Legal Question in Real Estate Law in California

While a disabled person was hospitalized, someone forged his signature on a grant deed and took his house from him. Does statute of limitations apply due to he is disabled? (incident happened in 2002).


Asked on 5/27/16, 11:51 am

2 Answers from Attorneys

The statutes of limitations apply to everyone. It depends on the nature of the disability and a number of other factors whether the running of the statute should be extended. It would be pretty hard but not completely impossible to make a case for extending the limitations period 14 years. There are also other factors that play into a forged deed that might make it possible to get around the limitations, but also things that might make obtaining relief impossible even if the time to file suit is extended. Bottom Line: this is a very complicated area of the law and the outcome turns on specific facts and circumstances. He needs to see a lawyer immediately in person.

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Answered on 5/27/16, 12:30 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

While I generally agree with Mr. McCormick's answer, I am perhaps a little more hopeful. The statute of limitations for fraud is found in Code of Civil Procedure section 338(d), which says "The cause of action ....... is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake." If the disabled person can show that he didn't discover the fraud until recently (i.e., within three years) and that he wasn't excessively careless or stupid in not discovering the fraud, he should be able to overcome the defense of the statute of frauds. Judges tend to be sympathetic to disability and to abhor fraud.

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Answered on 5/27/16, 12:47 pm


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