property Q Forum

[barmagot]

Help me:

If A owns Blackacre, then B comes out of nowhere, and draws up a deed and sells Blackacre to C, what happens?

B is a complete stranger to A, but lied and said he owned the proprety.

Does C take as a Bona fide purchaser? Seems unlikely since A is totally innocent and is getting stripped of land. Or is it not a BFP since C could look up in the property records and see B doesn't own it? [thus putting C 'on notice' that someone other than B owns the property]

[brorepresentation1]

What sort of deed was B conveying ? (quitclaim seller not even promising he even has title to convey, this would be a material fact to know. general warranty, owner warrants he owns the estate due to cov of seisin.)

What recording statute is in this jurisdiction (race, notice, race-notice)? This is important to know.

There are more facts needed

[barmagot]

Sure, say he gives a general warranty. Does the property get stripped from A's possession and to C?

My thinking is no because he cannot be a bona-fide purchaser; if he looked up property records he would see A is on the deed, not B

[estefanchanning]

The deed is forged. Therefore, it's void. We don't even get to BFP status because a forged dead is completely void. It is irrelevant what recording statute this jdx holds.

[Mobster1983]

The deed is forged. Therefore, it's void. We don't even get to BFP status because a forged dead is completely void. It is irrelevant what recording statute this jdx holds.

This. It is a complete fraud. A is not affected and C is SOL.

[estefanchanning]

You should also differentiate between a forged deed and a deed obtained by fraud.

A forged deed is completely voids. A deed obtained by fraud is voidable by the adversely affected party. I can almost guarantee that the MBE will have a question that tests this distinction.