Legal Question in Real Estate Law in California
forged deed
someone forged my father's name on a deed and sold his house, new owners took out mortgage, new owners say they willl deed back house if i drop them from lawsuit.they gutted the inside of house but refuse to fix up their mess they just want to give me back a gutted house.plus bank also offered to give house back if i get a loan for the original mortgage plus interest and pay them back what are options/?
1 Answer from Attorneys
Re: forged deed
The answer depends on whether the purchasers were bona fide purchasers for value or not. If they are, then you are not even entitled to title, let alone damages for the repairs. If the purchasers were party's to the fraud, you can get damages and punitive damages. It sounds like they may not have purchased the property for value, but at the same time, may not have known the transaction was fraudulent. If so, then all you may entitled to is title. I am sure you have already considered the option of suing the person making the forgery. You might be able to also attach the notary's bond who notarized the documents. As far as the bank goes, if you could show some negligence on its end, you might be able to set off some of the note it is claiming is due.