Legal Question in Real Estate Law in California

Re: Revocation of Grant Deed

You will need to sue to set aside the deed. This could become tricky, as the daughter could have subsequently transferred the interest or mortgaged part of it (depending upon how the title is held).

You will also sue the notary who purportedly witnessed your signature on the deed.

Seek out a good real property litigator timely in order to avoid statute of limitations issues. We do this type of litigation. If/when you are ready to proceed, contact us.

Re: Revocation of Grant Deed

If the daughter will not voluntarily sign over her purported interest in the property, then the person wishig to dispute the deed will need to file a Quiet Title lawsuit. This person should consult a local real estate attorney right away to avoid any problem with the Statute of Limitation.

Re: Revocation of Grant Deed

Let me see if I understand the facts.

A homeowner's daughter is found to have recorded a grant deed from a parent, purporting to grant a half interest to the daughter. The parent, however, didn't sign the deed.

The following questions arise:

Did someone sign the deed, or was the signature line just blank?

If so, was the signer the other parent?

Was the owner's name forged on the deed?

Was the signer otherwise authorized, e.g. by a power of attorney?

Has the deed been recorded?

If so, was it notarized, as required? Who was the notary? What is reflected in the notary's official record book?

Does the deed reflect payment of a consideration, either by reciting that a valuable consideration was paid, or showing payment of a transfer tax?

The situation sounds as though a fraud has been committed, but not necessarily; it depends upon the answers to the previous questions.

If, after all, the deed is fraudulent, the defrauded person can bring either a quiet title suit or, perhaps more appropriately, a suit for cancellation of instrument under Civil Code section 3412, or both.

A deed that is void on its face is not subject to the remedy of cancellation, it being deemed unnecessary to cancel an obviously void instrument. An example of a deed "void on its face" might be one bearing no signature whatsoever.

I hope this is helpful. If you want a little more specific answer, please e-mail me with more information about who held title before this incident, exactly what the deed purports to do, whether and how it is signed, notarized, and recorded, and how this came to your attention.

Re: Revocation of Grant Deed

If there is a dispute about a deed, you will need to file an action to cancel the deed, coupled with a quiet title action. I would recommend doing this as soon as possible, as there is a statute of limitations.

Very truly yours,

Re: Revocation of Grant Deed

One further thought . . . grant deeds need to be notarized. The notary usually requires a fingerprint of the person signing the deed. So the notary can be questioned about who transferred the property if it weren't the parent.

Re: Revocation of Grant Deed

You will have to hire a good attorney, file suit, and get a court order. Give me a call.