Quiet title can be used to set aside a forged deed

Quiet title can be used to set aside a forged deed

imagesforgedIf you own property, and someone forges a deed which purports to convey your interest in the property, what should you do?

In 2010, the Georgia Supreme Court, in the case of Brock v. Yale Mortg. Corp., 287 Ga. 849, 700 S.E.2d 583 (2010), confirmed that a conventional quiet title action can be used to cancel a forged quitclaim deed, as set forth in O.C.G.A. § 23-3-40.

The Court also reminded would-be purchasers and lenders that, even if they are not on notice of a forgery in the chain of title, it does not matter, holding: “even a bona fide purchaser for value without notice of a forgery cannot acquire good title from a grantee in a forged deed, or those holding under such a grantee, because the grantee has no title to convey.”

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