What can I do if I just found out a family member has forged my signature had a quit claim deed notarized and recorded.

Question

That deed has been notarized and recorded. I found out my mail was being forwarded to a po box down the street. Furthermore, I looked at my credit report and it says I've been working at the Unified School Dist. I DO NOT WORK THERE. but I do have a family member that has been working there and I feel that this person got a hold of my info and sold it. What can I do to punish also what can I do to stop this person from taking equity from a property we own together. They taken cash out in the past without my knowledge without me signing any paperwork I thought they need both our signatures for refinancing the property with cash out?

Pavel Kolmogorov · Answer

Firstly, you can file an action to quiet title and cancel the forged deed. This type of action involves alleging ownership and possession of the property, stating that the deed is false, fraudulent, and forged, and requesting the court to cancel the deed and declare that the defendants have no interest in the property.  
 
Additionally, you should report the forgery to the police and consider filing a criminal complaint for identity theft, as the unauthorized use of your personal information to obtain credit, goods, services, or property is a criminal offense under California law. 
 
To prevent the family member from taking equity from the jointly owned property without your consent, you can seek a court order to prevent further unauthorized transactions. You may also want to place a lis pendens on the property, which will notify potential buyers or lenders of the ongoing legal dispute and prevent further encumbrances on the property. 
 
Finally, you should contact the notary who notarized the forged deed to obtain a copy of their notary journal, which may provide evidence of the forgery.

James L. Arrasmith · Answer

You need to act fast to protect yourself and your property. Start by filing a fraud report with your local police department and gathering all evidence, including the fraudulent quitclaim deed, mail forwarding records, and your credit report showing false employment information. Contact the county recorder’s office to notify them of the forgery and ask about filing a document called a “Notice of Fraudulent Deed” or similar paperwork to alert future parties. You should also place a fraud alert or credit freeze with the major credit bureaus to prevent further identity theft.   
 
To stop your family member from taking more equity from the property, you may need to file a lawsuit to challenge the fraudulent deed and any unauthorized refinancing. In California, both owners typically need to sign off on cash-out refinancing, so if they did this without your consent, it may be possible to have those transactions reversed. A real estate or fraud attorney can help you file a quiet title action to restore ownership to its rightful state. You should also check with the lender that issued the cash-out refinance to see if they followed proper procedures in verifying signatures.   
 
As for punishing them, legal action is the best route. If they forged your signature, committed fraud, and stole money, they could face both civil and criminal penalties. Reporting the fraud to law enforcement, the district attorney’s office, and even the FBI (if identity theft is involved) can put pressure on them. You might also consider reporting them to their employer if they used their job to facilitate the fraud. Taking these steps quickly can help you recover your property and hold them accountable.

Q: What can I do if I just found out a family member has forged my signature had a quit claim deed notarized and recorded.