If my name was forged on a warranty deed to land and a home was built on it, couldI win a case against the homebuilder and be awarded the home?

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If my name was forged on a warranty deed to land and a home was built on it, couldI win a case against the homebuilder and be awarded the home?

Asked on September 12, 2011 under Real Estate Law, Mississippi

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your name was forged on a grant deed (warranty deed) liability for the transfer of title from your name of the property to a buyer would be upon:

1. the person forging your name;

2. the notary public (assuming your signature was notarized).

The buyer of the property (assuming he or she was a bonafide purchaser and was not involved i  any forgery of your signtaure on the warranty deed) would have no liability to you. The same would be true as to the homebuilder.

Potentially you could file suit and end up with the property with all improvements if your signature was actually forged. The buyer's recourse would be with his or her title insurance company assuming there is title insurance.

I suggest that you consult with an experienced real estate attorney regarding your matter.

Good luck.


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