Legal Question in Real Estate Law in California

A grant deed was signed and recorded in error. My brother was defrauded, as he thought he was refinancing. The notary stated that he would return the documents and recorded them instead. How can the recorded deed be revoked? Thank you

Asked on 11/04/14, 3:34 pm

3 Answers from Attorneys

William Christian Rodi Pollock

You need to obtain a real estate attorney to help you with this. The actual facts need to be more clearly developed, we need to know the party the deed named as the recipient, and the other circumstances surrounding the transaction. Why did your brother sign a deed? That makes little sense. Why did the notary record them. The duty of a notary is to witness the signature. THere is simply to much unknown to determine the most effective method of proceeding

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Answered on 11/04/14, 5:51 pm
Anthony Roach Law Office of Anthony A. Roach

If your story is true, this was either a mistake that can be corrected by the parties involved, or fraud, which will require a lawsuit. I suggest you speak with an attorney, as it seems there is a lot more to this story than you present here.

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Answered on 11/05/14, 12:41 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

There can be a lot more to this than you have had time to explain. Consult a real estate attorney in your area that offers free consultations on such matters.

In my opinion, there could be fraud involved. That is a worst case scenario. If all parties agree there is a mistake then simply correct the mistake.

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Answered on 11/05/14, 8:06 pm

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