Legal Question in Real Estate Law in California
My wife's signature was forged and notarized on a deed of trust by her co-owners. The co-owners defaulted on the loan and the property was sold at a Trustees sale before my wife could do anything. Can we now sue for a Quiet Title action to regain the 50% interest in the property my wife lost through fraud. We live in California. Thank You. Anthony.
2 Answers from Attorneys
It depends on whether or not the purchaser at the trustee's sale was a bona fide purchaser for value. I suggest you consult privately with a real estate attorney who has handled actions challenging foreclosure sales. Be wary of those who specialize in loan modifications, as many of those are scams.
Mr. Roach is wrong. A forged deed is void even as to a bona fide purchaser for value. You definitely can sue to Quiet Title. It is not always as easy as it seems to prove forgery, and you have to evaluate whether it is worth the expense of hiring an attorney based on what you actually will recover. But the basic law is in your favor.
Let me know if you'd like further assistance.
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