Also known as: forged deeds · forge a deed · forging a deed · forgery of deed · fraudulent deed · fake deed
Written by attorneys · grounded in primary & secondary sources — see below
An instrument purporting to convey real property that bears a forged signature or lacks the grantor's genuine consent. The deed is void from the outset and conveys no title. However, under recording acts a subsequent bona fide purchaser may in some jurisdictions be protected against the true owner's claim.
Fiona Foster owns a downtown condo. Her advisor forges her signature on a deed conveying the condo to a partnership the advisor controls. The partnership sells the condo for value to a fund that searches the records, finds no red flags, and records its deed. Fiona sues the fund to quiet title and obtains a judgment declaring that she remains the owner because the forged instrument passed nothing to the partnership.
Fatou Fall holds record title to a residence. A third party forges a deed from Fatou to a borrower who then grants a security deed to a mortgage company. The mortgage company acts in good faith and records. Fatou sues to cancel the mortgage. The court holds the mortgage invalid because the forged deed gave the borrower no interest that could support the later encumbrance.
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No. A forged deed is void and passes no interest from the true owner. Recording statutes protect bona fide purchasers only against prior valid but unrecorded interests. They do not validate a forged instrument or allow a purchaser to acquire title through a chain that begins with a forgery.
Supporting sources
Recording a forged deed does not cure the defect or create ownership. The true owner retains title because the instrument was a nullity from the start. Priority rules among valid deeds do not apply when the root document is forged.
Supporting sources
Yes. A standard owner's policy indemnifies the insured against loss from title defects such as forgery that are not listed as exceptions. The insurer must defend a quiet-title action alleging a forged deed in the chain and must pay covered loss if the defect impairs the insured's title.
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…only to those purchasing a legal title. Myers v. Van Buskirk , 96 Fla. 704, 119 So. 123 (1928). The recording of a void or forged deed is legally insufficient to create a legal title, and affords no protection to those claiming under it. Reed v. Fain , 145 So.2d 858 (Fla. 1962); Wright v. Blocker , 144 Fla. 428, 198 So.…