Q: I have a deed of trust filled against my property in 2009. My name was forged and I did not know the document
Was there until approximately one year ago. I have contacted sheriffs department and the district attorney but because the statute of limitations is exceeded for criminal prosecution, I need to persue it civilly
A:
Under California law, if you've discovered that your name was forged on a deed of trust against your property, pursuing civil action is a viable option. The statute of limitations for a civil lawsuit in cases of fraud is generally three years in California. However, this period doesn't start until the fraud is discovered, or should have reasonably been discovered.
Given that you found out about the forgery approximately one year ago, you may still be within the time frame to file a civil lawsuit. It's important to act promptly, as delays can affect your legal rights.
In your lawsuit, you can seek to have the fraudulent deed declared void and potentially recover damages. It's advisable to gather all evidence of the forgery, including any communication with the sheriff's department and the district attorney, as this will support your case.
Consulting with an attorney experienced in real estate law and civil litigation can provide you with specific guidance tailored to the details of your case. They can assist in navigating the legal process, filing the necessary documents, and representing your interests in court. Remember, each case is unique, and the advice of a lawyer who can review all the specifics of your situation is invaluable.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
