Legal Question in Real Estate Law in California

First off there's a big difference between void and voidable. Without reviewing all the facts, you can't say which it is. Furthermore, even if void, if it is recorded and appears facially valid, anyone who relies on the public record in good faith and without notice that the document is void, such as by buying or encumbering the property, will take a valid and enforceable interest regardless of the document being void. Until there is a certified copy of a judgment declaring the document void recorded in the chain of title, the facially valid document may be void, but will have valid effect on title.

It is certainly true that a void instrument (purported deed, etc.) does not have any legal effect except perhaps to place its maker in jeopardy of suit or arrest. A void deed cannot convey title, even to a "bona fide purchaser for value, without notice" (of the things making the deed void).

However, let me caution you that any determination that a document is VOID is one that must be made carefully by someone trained in that area of the law. In addition to void documents, the law also provides categories such as "voidable" and "defective" and "fraudulent" etc. which are very different from "void" and such documents may have legal effect for certain parties and certain purposes.

I'd further caution that if your subject matter relates to a claim that a foreclosure sale was improper in some way and hence void, you need to be sure your law comes from an unbiased source and not some opportunist who is peddling his own theories about how to reclaim your foreclosed property by alleging this-or-that.

Thank you to Mr. Whipple for correcting my hasty fingers and "enter" key. I was speaking of voidable when referring to good faith purchasers or encumbrancers. Truly void title is of no effect from the beginning and never conveys title no matter how far down a chain of deeds it may be. The devil is in figuring out if you have a void or voidable instrument. Of course this issue is a favorite of bar examiners and trips up many an attorney as well. So Mr. Whipple is quite correct that it is not a determination to be made even by many attorneys, much less a lay person.