How Can I Contest a Forged Deed and Stop a Wrongful Eviction or Sale of My Inherited Property in North Carolina?
Detailed Answer
When someone creates a fake deed to claim ownership, you face the risk of eviction or a wrongful sale of property you inherited. North Carolina law offers clear steps to protect your rights.
1. Gather Key Documents
Start by collecting your probate documents: the will, letters testamentary or letters of administration, and the recorded deed history. Obtain certified copies from the register of deeds to confirm the chain of title.
2. File a Quiet Title Action
Under North Carolina General Statutes § 1-278, you can file a lawsuit to quiet title. This action asks the court to declare the forged deed void and confirm your ownership. To do this:
- Prepare a complaint identifying the forged deed, all parties with claims and the legal basis for your title.
- Attach copies of the recorded deeds and probate documents.
- Serve each defendant with the complaint and summons.
Link: N.C.G.S. § 1-278
3. Seek Immediate Injunctive Relief
While your quiet title case moves forward, ask the court for a temporary restraining order or a preliminary injunction. This legal tool stops eviction proceedings or a pending sale. You must show:
- You face immediate and irreparable harm without court intervention.
- Your quiet title claim has a strong likelihood of success.
- Granting relief serves the public interest by preventing fraud.
4. Record a Notice of Lis Pendens
After filing your complaint, record a notice of lis pendens with the register of deeds in the county where the property lies. This public notice warns buyers and lenders that the title is in dispute.
5. Complete the Court Process
Attend all hearings and present your evidence. You may submit handwriting analysis or expert reports on document authenticity. If the court rules in your favor, it will cancel the forged deed and confirm your title. Then you record the final judgment with the register of deeds to clear the title.
Key Steps to Contest a Forged Deed and Prevent Wrongful Eviction or Sale
- Collect your probate papers and certified deed records.
- File a quiet title action under N.C.G.S. § 1-278.
- Request a temporary restraining order or preliminary injunction.
- Record a lis pendens in the relevant register of deeds.
- Serve all defendants and attend every hearing.
- Obtain final judgment voiding the forged deed and confirming your title.
Next Steps and Call to Action
Forgery and wrongful eviction threaten your inheritance and violate North Carolina law. Act quickly to file a quiet title suit and secure injunctive relief. Pierce Law Group has experienced attorneys ready to guide you through each step. Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055.
