Legal Question in Real Estate Law in California
What can I do when I found a fraudulent grant deed
1 Answer from Attorneys
Well, I think there are three possibilities, and the choice may depend upon how you are affected personally. First, there is always the chance that the "bad" deed was not intentional; it may have been an innocent mistake, in which case a very good first step would be to approach the grantor or whomever drew up the deed and ask for a corrected deed (probably requiring the grantee's cooperation as well). Number two and number three would be civil and criminal proceedings against the wrongdoer, alleging civil or criminal fraud. A civil action would be commenced by the plaintiff retaining a lawyer to review the questioned document, agree with you that it is likely fraudulent, then prepare, file and serve a civil complaint against the malefactor. Criminal actions are prepared, filed and prosecuted by district attorneys, but often after citizen complaints. Your choice of negotiation, civil or criminal complaint should be governed by the probable innocence or guilt of the responsible party, the degree of harm you have suffered or may suffer, and also the recommendation of a qualified attorney who has had a chance to review the facts and form an opinion thereon.