Legal Question in Real Estate Law in California
Is this a Void Deed?
My mother died several years ago, the bank foreclosed on the property and there were excess proceeds. My sister now claims that my mother deeded the property to her prior to my mothers death. I went to the county recorders office and got a copy of that deed. According to the deed the Notary notarized the deed two months before the date of my mothers signature. Isn't this deed void on its face? I told the judge that I thought the deed was void on its face because it appears that my sister filled in information on a deed that was already notarized. The Notary claims her Journal is missing. Any help here, including reference to any law would be appreciated.
1 Answer from Attorneys
Re: Is this a Void Deed?
What did the notary notarize? What does the notary page say? It's weird that the date of your mother's signature would be two months afterward. That doesn't make much sense, unless the sister has a personal relationship with the notary and they conspired to forge the document. I would like to see the deed.
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