January 14, 2015
"In an issue of first impression, we must decide whether an affirmative defense of forgery, supported by an affidavit alleging that the defendants’ signatures on a deed of trust were forged, raises a genuine issue of title intertwined with the issue of possession sufficient to deprive a justice court of jurisdiction in a forcible detainer action. We hold that it does."
(“A forged deed is void ab initio and inoperative. . . . Thus, when a document is void or void ab initio, it is as if it did not exist because it has no effect from the outset.”); (“A forged deed, or deed of trust, is void, and does not pass title to land.”)
Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager
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