Legal Question in Real Estate Law in Georgia

Re: Deed signed under false pretense

The deed will become valid by default, if you do not complain about it. Deeds are presumed to be regular on thier face. Thus, unless you complain, the eventual passage of time will cause it to be valid. Can you contest this one? Yes. If he had dimentia in 1998 and was in the NH, and the relative came to the NH and had him sign it, you have an almost clear case to set aside the deed. Now, actual facts can change that. Suppose day after day after day, he complained to the nursing staff that he was worried about the taxes on the land and they found your relative and created this soulution. Then, the court may find it valid. (Not a likely analysis, though). In 1990 (I think that was the date) I had a deed to land set aside where close relatives came to a elderly fellows house and said (I am not stealing this from your question) "Buddy, there is bad trouble with the taxes on this place. You need to sign this power of attorney to let me clean them up and get them paid." Buddy, who was illiterate, signed. However, during the lawsuit where I successfully set aside the deed (though, Buddy died during the lawsuit), I showed the the document Buddy signed was not a POA BUT A WARRANTY DEED TO THE LAND DEEDING IT TO THE EVIL RELATIVE! I also got $30,000 in punitives against the relative (which I collected. Collection of punies is rare). So, can you set deeds aside. Yes. Is it easy? It depends. Your facts seem easy, but there are always many explainations once the suit gets filed. If you want to discuss it further, email me at [email protected] Hugh Wood