Legal Question in Real Estate Law in California
My Grant Deed
I got a personal loan from a business partner and I always sign a promisary note. A few days later my girlfriend who lived with me at that time received a phone call from this person. This person told my girlfriend because of the amount of the loan they wanted my signature on a paper. She faxed it to my girlfriend that day. I was on a business trip when this was going on. My girlfriend not thinking since we were getting married the following year and knew I wouldn't be home, She signed MY NAME on the form and had someone she knew notorize it thinking again it was just a promisary note like the past loans I had. It was a blank GRANT DEED!! When I spoke to my girlfriend by phone she told me that she signed my name to a promise note. I wasn't really comfortable with it especailly she said she got it notorized. In the past loans I never had to notorize. Now I don't know what to do? Now I have this person on my grant deed owning half of my house that I didn't even authorize. I have tried to call this person to tell them what happen, but will not return my calls. How do I get him off my deed without getting my girlfriend in trouble like forgery. HELP!!!
3 Answers from Attorneys
Re: My Grant Deed
I'm troubled by the fact that your business partner will not return your telephone calls or discuss this problem with you. The best thing to do is to get this person to deed back the property.
I question whether or not the deed is valid; did your girlfriend have authority or a power of attorney to sign on your behalf? And who notarized this document? It may be an invalid deed.
If your business partner will not work with you, then the next step is to commence a legal proceeding, probably a lawsuit with causes of action for quiet title and cancellation of the instrument.
Best of luck.
Re: My Grant Deed
It's a catch 22. The only way to remove the grant deed is to allege it is fraudulent. Odds are the creditor meant only to secure payment of the promissory note. Are you sure the document wasn't a deed of trust?
At any rate, I think you have a good argument that the grant deed in exchange for a loan is usurious and illegal. Who is the creditor?
Re: My Grant Deed
Wow. That is not right. Ok, you can file for quiet title and cancelation of instrument. You will likely want to look into suing them for fraud, etc. You want to move fast and hard lest you lose half the property forever. I handle cases like this. I am in Beverly Hills and if you think we are a good fit, you may and should contact me. For now, I advise you not to discuss this with anyone. Don't sign anything either. Don't pass "go." Go to an attorney. Very best regards,
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