Legal Question in Real Estate Law in California

If real property is transfered with false documents, can it be said that a legal transfer never happened? If a legal transfer never happened does the property go back to the original owner? Thanks, John


Asked on 5/14/11, 8:47 am

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It is true that an absolutely forged deed transfers nothing, not even to a bona fide purchaser for value without notice of the forged nature of the supposed deed. However, the principle should be applied with caution, and an affected party should get competent legal advice, because not every type and kind of falsith or misstatement that might appear on a deed will render it totally ineffective, i.e., void ab initio.

There are many cases on void, voidable, and valid though inaccurate or defective deeds and similar instruments, including Erickson v. Bohne (1955) 130 Cal.App.2d 553; In re Marriage of Jovel (1996) 49 Cal.App.4th 575; and Vaca Valley & Clear Lake Railroad Co. v. Mansfield (1890) 84 Cal. 560.

Also note that recording a void deed does not make it valid.

Read more
Answered on 5/14/11, 9:36 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Oh, and I should add that technically the property cannot "go back to its original owner" because it never left its original owner.

Read more
Answered on 5/14/11, 10:15 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Whipple. The rule is that a forged deed does not pass title. It is not clear, however, from your post, what you mean by false documents, or whether there is a defect in recorded documents that would render them void, or voidable.

Read more
Answered on 5/14/11, 10:38 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California