Summary
The Supreme Court of Georgia affirmed a quiet title judgment vesting fee simple title in the estate of Raymond Wesley Veatch, Jr., unencumbered by Aurora Loan Services, LLC's security deed. The court held that forged deeds are nullities that convey no title, so a bona fide purchaser or subsequent assignee cannot acquire good title through the chain arising from a forged deed. The court further held that notice of the forgery in the deed records was immaterial.
Holdings
- A forged deed is a nullity and vests no title in the purported grantee; therefore, neither a bona fide purchaser for value without notice nor anyone acquiring through the forged grantee can acquire good title.
- Whether the deed records provided notice of the forgeries was immaterial because the forged deeds were void and created no title in the chain of conveyances leading to Aurora.
Questions Presented
- Whether a forged deed is a nullity that conveys no title to the purported grantee or to subsequent purchasers and assignees.
- Whether Aurora could acquire or enforce a security interest in the property as a bona fide purchaser for value without notice of the forgery.
Disposition
affirmed
Cases Cited (3)
- Roop Grocery Co. v. Gentry, 195 Ga. 736, 745(1), 25 S.E.2d 705 (1943)(applied)
- Brock v. Yale Mortgage Corp., 287 Ga. 849, 852-853(2), 700 S.E.2d 583 (2010)(followed)
- Second Refuge Church, etc. v. Lollar, 282 Ga. 721, 726-727(3), 653 S.E.2d 462 (2007)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…