Legal Question in Real Estate Law in California

grant deed

My wife and I got a personal loan from a friend back in 1991. While I was gone a business trip this friend called my wife and told her if she could have a blank grant deed signed for her security. At that point I had not added my wife to the deed because we just got married. My wife signed my name on a blank deed and had it notorized in 1991 and gave it to our friend. We paid our friend monthly payments in cash because thats all she would take and I kept records of the payments in a ledger. Now that I'm older and wiser now I see why she wanted cash only. The loan was paid off in 1996.Our friend moved to another city and we have not really talked since.Meanwhile my wife and I went to refiance our home and they told us there is someone else on our deed.. You guessed it she filed the deed April 24, 2004. I called her up and asked why and she stated because we didn't pay the loan which is not true. But because it was cash it's her word against ours. What I want to know can I call her up and say that the grant deed is Null and Void because it was not my signature or will my wife and the notory be in trouble for forgery. And if we all think about it we got the loan in 1991 and now 13 years later she states we didn't pay! Thank you.


Asked on 5/29/04, 9:41 pm

3 Answers from Attorneys
Scott Schomer Schomer Law Group

Re: grant deed

It sounds like you will be able to prove the loan was paid and, if not, the lender may have a statute of limitations problem. To clear up the deed, you may have to file a quiet title action. See a real estate attorney for more assistance.

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Answered on 6/01/04, 12:40 pm
Daniel King Law Offices of Daniel King

Re: grant deed

hi. what a predictible mess. actually, if there is "no record" of payments from a 1991 loan, and the deed was not recorded until 2004, (assuming that the note did not provide for a deed of trust - - which appears to be the case), the statute of limitations would have run on the debt back in 1995 at the latest. (the statute would likely be 4 years from the last "payment").

unfortunately, you will likely have to file an action to have her removed from title.

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Answered on 5/30/04, 12:27 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: grant deed

Your records of payment, albeit in cash, can be proved. You will need to sue for fraud, to quiet title, and to reform the deed given to her and for reconveyence of the deed.

You're right, this is a mess. The notary may get in trouble. Your wife probably not. But, this doesn't matter. You must do what is necessary to clean up this mess.

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Answered on 5/30/04, 1:43 am


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