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A Blog about Real Estate, How it Can Be Damaged, and Disputes Over its Transfer

This blog is a personal blog written to discuss legal issues affecting Georgia property, and how it is damaged, transferred, and fought over. I write this partly to keep abreast of the law, and partly to offer a forum for my writing. In order to find content, I often analyze Georgia Supreme Court decisions. I try to update this blog as I can, but writing is a time consuming process.

Wednesday, March 30, 2011

Forged Deeds Do Not Convey Title

In the opinion in Aurora Loan Services, LLC v. John Macelray Veatch, Admr.,  Appeal Case No. S10A1725 (March 18, 2011), the Georgia Supreme Court reaffirmed the principle that a forged deed is a nullity and cannot convey title to an innocent purchaser for value.  The facts recited in the case indicated that a financial institution had tried to enforce a security deed that it had received from a party receiving title from an estate under a forged deed.  The estate administrator sought to invalidate the mortgage lien on the grounds the financial institution had taken its security deed under a chain of title initiated by a forgery.

The supreme court noted that it had recently overruled authority in Georgia that had indicated that a bona fide purchaser for value without notice of a forgery could show good title.  The court held that forged deeds are nullities and can never give title.

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