Short Answer

Yes—under North Carolina law, you can file a lawsuit to challenge the deed and immediately record a lis pendens to warn all future buyers. If signatures were forged, the deed is generally void and conveys no title; if the deed was procured by fraud but actually signed, it may be voidable and prompt action is critical to protect against bona fide purchasers. You can also ask the Superior Court for a temporary restraining order or preliminary injunction to preserve the status quo.

Understanding the Problem

In North Carolina, can an heir stop a land company from taking clear title after discovering a deed in the chain that appears fraudulent? Here, co-heirs dispute that their signatures on a deed were genuine, and that deed was followed by a transfer to a nationwide buyer. The goal is to prevent further transfer and unwind the suspect conveyance.

Apply the Law

North Carolina treats forged deeds as legal nullities—they pass no title. Deeds procured by fraud but actually signed can be voidable; timing and notice to buyers matter. To protect inherited property, heirs typically file a civil action (e.g., to quiet title and cancel deed), record a lis pendens in the county where the land lies, and may seek injunctive relief to stop a closing or further transfer while the court resolves title. Disputes over title are heard in Superior Court; if a partition is also sought among co-owners, the title contest generally needs to be resolved first or transferred to the Superior Court judge handling the case. Fraud claims are time-sensitive and run from discovery, and all necessary parties (grantors, grantees, and current record owners) should be joined and served.

Key Requirements

• Claim affecting title: File a Superior Court action to quiet title and/or cancel the deed based on forgery or fraud.
• Lis pendens notice: Record a lis pendens in the county where the property is located to give public notice and bind later purchasers.
• Injunction standard: Show likelihood of success and risk of irreparable harm to obtain a temporary restraining order or preliminary injunction that preserves the property’s status quo.
• Necessary parties: Join all grantors, grantees, the current record owner, and any person whose interest could be affected; serve them under Rule 4.
• Forum and filings: File in Superior Court; record the lis pendens with the Clerk and have it indexed by the Register of Deeds.
• Deadlines: Fraud claims generally have a three-year period from discovery; procedures and local practice can affect timing.

What the Statutes Say

• North Carolina Gen. Stat. § 41-10 (Action to quiet title) – Lets a claimant ask the court to remove clouds on title.
• North Carolina Gen. Stat. § 1-116 (Lis pendens) – Authorizes filing notice of a pending action affecting real property.
• North Carolina Gen. Stat. § 1A-1, Rule 65 (Injunctions) – Governs temporary restraining orders and preliminary injunctions.
• North Carolina Gen. Stat. § 1-52(9) (Limitations—fraud) – Sets a three-year period from discovery for fraud claims.

Analysis

Apply the Rule to the Facts: If co-heirs’ signatures were forged, the deed is typically void and passed no title to the child or the land company. A quiet title/cancellation claim paired with a recorded lis pendens would flag the dispute and hinder further transfers. If the deeds were actually signed but obtained by fraud, the deed may be voidable; a lis pendens and prompt injunction reduce the risk that a bona fide purchaser without notice cuts off your rights.

Process & Timing

1. Who files: An heir/co-tenant. Where: Superior Court in the North Carolina county where the land lies. What: A verified civil complaint to quiet title and cancel deed, a motion for TRO/preliminary injunction (Rule 65), and a notice of lis pendens describing the parties and property. When: Immediately upon discovering the issue; fraud claims generally run three years from discovery.
2. Record the lis pendens with the Clerk and have it indexed by the Register of Deeds; serve all necessary parties under Rule 4. If a TRO issues, expect a prompt hearing (often within about 10 days) on a preliminary injunction; a bond may be required.
3. After evidence and hearing, the court may enter an order canceling the forged/voidable deed(s) and quieting title. File and record certified copies so the Register of Deeds updates the chain of title. Partition among heirs can proceed once title is cleared.

Exceptions & Pitfalls

• Bonafide purchaser risk: If the deed was actually signed but procured by fraud, a later buyer without notice may be protected—file and record your lis pendens promptly.
• Missing parties: Failing to join all grantors, grantees, the current record owner, and necessary claimants can delay or limit relief.
• Service/notice: Use proper Rule 4 service; defective service can sink injunctions and title relief.
• Notary defects vs. forgery: Curable acknowledgment errors differ from true forgery; be prepared with handwriting or notary evidence to prove forgery.
• Partition timing: If you also seek partition, expect the title dispute to be resolved by the Superior Court judge before the property is divided or sold.

Talk to a Partition Action Attorney

If you’re dealing with a deed that may have been forged or procured by fraud and a buyer is trying to take title, our firm has experienced attorneys who can help you understand your options and timelines. 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.