Legal Question in Real Estate Law in California

Can a Quitclaim Deed signed notarized and recorded in 2011 be contested in 2017 in the State of California??

Asked on 10/26/17, 11:23 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Probably not, but more information about the nature of the proposed contest, i.e., the legal theory underlying the contest, would be needed to say for certain that the contest would be barred by the statute of limitations. Note the following quotation from the unpublished decision in Chavez v. CIT Bank (May, 2017):

"Courts have . . . concluded that an action to cancel a deed on the ground that the deed is void is subject to a statute of limitations." (Walters v. Boosinger (2016) 2 Cal.App.5th 421, 428 (Walters); see also id. at p. 433 ["we reject [appellant's] contention that a quiet title claim based on the theory that a deed is void ab initio is not subject to any statute of limitation and 'can be brought at any time' "]). The applicable statute of limitations in such an instance is dependent upon the basis upon which the plaintiff seeks to cancel the instrument:

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Answered on 10/26/17, 11:47 am
Timothy McCormick Libris Solutions - Dispute Resolution Services

While I agree with Mr. Whipple that it would depend entirely on the grounds for contesting the deed, I don't agree with the initial statement "probably not." If it was forged or obtained by fraud, even if a limitations period applies, it would probably run from when the wild deed or the fraud was discovered, for example, and some grounds in fact do have no limitations period.

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Answered on 10/26/17, 12:27 pm

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