What can I do if I think someone forged signatures or filed a fraudulent deed on inherited property? – North Carolina

Short Answer

In North Carolina, a suspected forged or fraudulent deed is usually handled by quickly pulling the recorded documents, then filing a civil case in Superior Court to clear title (often called a “quiet title” or “remove cloud” case) and asking the court to declare the deed invalid. Depending on the situation, the estate representative and the heirs may also need to take probate steps to confirm who had authority to sign and transfer the property. Forging a deed can also be a crime, so a report to law enforcement may be appropriate, but the fastest way to fix the land records is typically a civil court order.

Understanding the Problem

In North Carolina real estate disputes, the core question is: can a family undo a recorded deed that appears to transfer inherited property based on forged signatures or a fraudulent filing. The key decision point is whether the recorded deed created a “cloud” on title that must be cleared by a court order before the spouse, child, or estate can safely sell, refinance, or manage the property. The usual actors are the heirs or estate representative on one side, and the person claiming ownership through the recorded deed on the other, with the Register of Deeds records serving as the starting point.

Apply the Law

North Carolina law allows a person who claims ownership of real property to bring a lawsuit to determine and eliminate adverse claims to that property. In practice, when a deed is suspected to be forged or fraudulent, the civil remedy is commonly a Superior Court action to quiet title/remove the cloud, asking the judge to declare the deed invalid and direct that the judgment be recorded in the county land records. Separately, North Carolina criminal law makes forgery of deeds a felony, which can support a law enforcement report while the civil case moves forward.

Key Requirements

Standing (right to sue): The plaintiff must have a real ownership claim (for example, an heir, a devisee under a will, or the estate’s personal representative) and must identify the person claiming an adverse interest through the recorded deed.
A specific adverse claim to decide: The lawsuit must point to the recorded deed (or deeds) that allegedly transferred the property and explain why that claim is invalid (for example, forged signatures, lack of authority, or fraudulent notarization).
A recordable outcome: The goal is a court judgment that can be recorded with the Register of Deeds so the public land records reflect the corrected ownership.

What the Statutes Say

N.C. Gen. Stat. § 41-10 (Quiet title / determining adverse claims) – Allows an action to determine adverse claims to real property and bar the defendant’s claim after judgment.
N.C. Gen. Stat. § 14-122 (Forgery of deeds) – Makes knowingly forging a deed with intent to defraud a felony.

Analysis

Apply the Rule to the Facts: The facts describe inherited property that should pass under a will to a spouse and a child, but recorded deeds allegedly transferred the properties to a rental occupant’s spouse and child. That creates an adverse claim that can be resolved through a quiet title/remove-cloud lawsuit under North Carolina law. If the occupant (or someone acting with them) signed the decedent’s or heirs’ names without authority, that supports a request for the court to declare the deeds invalid and clear the chain of title.

Process & Timing

Who files: Typically the estate’s personal representative, the devisees under the will, or other rightful owners (sometimes together). Where: North Carolina Superior Court in the county where the land is located. What: A civil complaint seeking to quiet title/remove cloud and related relief (often including a request to declare the deed void and to record the judgment). When: As soon as the suspicious deed is discovered, especially before the property is sold or mortgaged again.
Immediate evidence steps: Obtain certified copies of the recorded deed(s) and any related instruments from the county Register of Deeds; gather signature samples and probate documents showing who had authority to transfer the property; identify the notary and witnesses listed on the deed.
Resolution and record correction: If the court rules the deed is invalid, the final judgment is recorded with the Register of Deeds to put the public on notice and restore a marketable chain of title.

Exceptions & Pitfalls

Probate authority gaps: If the estate was never opened (or the wrong person acted), title problems can overlap with probate procedure. A court may need clarity on who had authority to sign for the estate before title can be fully cleared.
Assuming the Register of Deeds can “fix it”: In most forged-deed situations, the Register of Deeds records what is presented and does not decide validity. A court order is usually what clears the title.
Waiting too long while someone possesses the property: Long possession under “color of title” can create additional defenses and deadlines issues in North Carolina property disputes. Early action helps avoid avoidable complications.

For additional background on how North Carolina courts handle title defects and competing recorded instruments, see quiet title versus deed correction and conflicting deeds.

Conclusion

In North Carolina, when a recorded deed on inherited property appears to be forged or fraudulent, the usual remedy is a Superior Court action to determine the adverse claim and clear the cloud on title, then record the court’s judgment with the county Register of Deeds. Forging a deed can also be a felony, but a criminal report does not automatically fix the land records. The next step is to obtain certified copies of the recorded deed(s) and file a quiet title/remove-cloud complaint in the county where the property sits as soon as the issue is discovered.

Talk to a Real Estate Attorney

If a recorded deed appears to transfer inherited property based on forged signatures or a fraudulent filing, our firm has experienced attorneys who can help evaluate the chain of title, identify the right parties to sue, and move quickly to clear the public record. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.