Legal Question in Real Estate Law in California
Parent Home Quick Deed As A Gift
My stepmother passed a few years ago and my dad removed her name and quick deeded my name on, as a gift to me upon his death. My dad quick deeded my name a month prior to him remarrying. I went down and received a copy of the recorded deed recently, there is new deed recorded with my name taken off, someone signed my name and and it was notarized. I confronted my dad about this and he seemed shock that it was done, but he is saying that he signed the new deed. His new wife and I do not really get along, we are cordial to one another but I know she did this, he is much older than her. I compared her signature from a card they sent me, to the signature which was forged in my name, the letters appear to be the same. My dad claims that he is going to correct the deed, if he doesn't..is there anything I can do once he passes?
4 Answers from Attorneys
Re: Parent Home Quick Deed As A Gift
First of all, you should find the Notary and confront that person with the deed, and the fact that you never signed it.
Re: Parent Home Quick Deed As A Gift
Institute an action to quiet title now! Call me directly at (619) 222-3504. Do not let yourself be robbed of the property.
Re: Parent Home Quick Deed As A Gift
Forged deeds are invalid, of course, but the defrauded victim must have the questioned instrument declared a forgery by a court with jurisdiction, i.e. the superior court in the county where the property is located.
Technically, there are two things your lawyer could do, and probably both ought to be done in the same lawsuit: ask that the deed be declared a nullity on the ground of forgery, and sue the forger for fraud.
A couple other things to keep in mind:
(1) A "quitclaim" deed only says that the maker "quits" (i.e. gives up) her claim to the property. It does not warrant that the person holds any interest, and if indeed the persons does not have any interest in the property, the deed has no effect (other than to create uncertainty and confusion).
(2) The priority of recording of deeds governs the sequence of events. A deed which is not recorded until long after it is executed may not be effective against good-faith purchasers from someone acquiring title later but recording earlier.
(3) Deeds which are made before death but not delivered until after the grantor's death are likely to be ineffective to transfer title.
You need to see a lawyer promptly. Find one with real estate experience in the county where the property is located.
Re: Parent Home Quick Deed As A Gift
Do not wait until your father passes away; you must do something now to avoid the running of the statute of limitations, as well as to avoid far more difficult litigation later. It is likely that everything will go to your father's new wife when he passes in any event; this is particularly so, if she is was involved in the making of the deed removing you from title. If your father wanted to "correct" the deed, he could do it easily; however, that would not prevent the same thing from occurring again. The scenario you describe involves forgery and fraud on the part of, at least, whoever signed your name, as well as the notary. I do not know where you reside or where the property is, but go to an attorney who practices real estate litigation in your county. Our office handles numerous cases of this type, but I do not recognize your zip code, so you are likely not in So. California. Also, the term is "quit claim deed", not "quick claim", or "quick deed". Good luck!
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