How can I challenge and remove a fraudulent deed recorded after my grandparent’s death? – North Carolina

Short Answer

In North Carolina, a recorded deed does not get “removed” by the register of deeds just because it is fraudulent. The usual way to clear title is to file a civil lawsuit in Superior Court (often called a quiet title or deed-cancellation action) asking a judge to declare the deed void and order the register of deeds to record or index the court’s judgment to clear the public record. When there is a risk of a sale while the case is pending, the plaintiff can also file a notice of lis pendens with the clerk of superior court to warn buyers and lenders that the title is in dispute.

Understanding the Problem

In North Carolina, can heirs challenge a deed recorded after a property owner’s death when the deed appears to transfer the property to the wrong people? When a surviving spouse or another person signs and records a deed after the owner dies, that deed can create a “cloud” on the title even if it should never have been recorded. The key decision point is whether a court order is required to clear the title record so the property can later be sold or partitioned based on the correct heirs.

Apply the Law

North Carolina law allows a person who claims an ownership interest in real property to bring a court action against someone asserting an adverse claim to determine who owns the property. When the adverse claim is based on a fraudulent or unauthorized deed, the lawsuit typically asks the court to declare that deed invalid (void) and to enter relief that clears the title record. These cases are generally filed in the Superior Court in the county where the land is located, and a notice of lis pendens may be filed to give public notice that the lawsuit affects title.

Key Requirements

Standing (an ownership interest to protect): The person bringing the case must claim an interest in the property (for example, as an heir of an owner who died without a will) and must be able to describe that claimed interest clearly.
An adverse claim creating a cloud on title: Someone else must be claiming ownership or an interest that conflicts with the heirs’ claim, such as a deed recorded after death naming different grantees.
Proper parties and proper notice: All people who claim under the challenged deed (and other people with recorded interests that could be affected) generally must be named and served so the court’s judgment can bind them and clear the record.

What the Statutes Say

N.C. Gen. Stat. § 41-10 (Titles quieted) – authorizes an action to determine adverse claims to real property (a common basis for quiet title relief).
N.C. Gen. Stat. § 1-116 (Filing of notice of suit) – explains when and how to file a lis pendens for actions affecting title and what the notice must contain.
N.C. Gen. Stat. § 1-117 (Cross-index of lis pendens) – requires the clerk of superior court to cross-index a filed lis pendens in the official record.
N.C. Gen. Stat. § 1-118 (Effect on subsequent purchasers) – states that, once cross-indexed, the lis pendens provides constructive notice and can bind later purchasers and lenders.
N.C. Gen. Stat. § 1-119 (Notice void unless action prosecuted) – sets a key timing rule: the lis pendens becomes ineffective unless service (or first publication) occurs within 60 days after cross-indexing.

Analysis

Apply the Rule to the Facts: The facts describe heirs who claim the property through a grandparent who died without a will, while a surviving spouse recorded a deed after death naming different grantees. That recorded deed is an adverse claim that clouds the title, and the register of deeds will generally rely on the public record until a judge declares the deed invalid. A Superior Court quiet title/deed-cancellation case aimed at a judgment declaring the deed void (and directing recordation or indexing of the judgment) matches the need for a “court order to remove the deed” and supports later partition based on the correct ownership interests.

Process & Timing

Who files: an heir (or multiple heirs together). Where: North Carolina Superior Court in the county where the land is located, filed with the Clerk of Superior Court. What: a civil complaint requesting quiet title and cancellation/invalidity of the challenged deed, plus any related relief needed to clear the record. When: as soon as possible once the fraudulent deed is discovered and before any sale or refinancing attempt moves forward.
Protect the property during the lawsuit: file a notice of lis pendens in each county where the property lies to put buyers and lenders on notice that the lawsuit affects title. Under North Carolina law, the lis pendens is not effective unless the defendants are served (or service by publication is started, when allowed) within 60 days after the lis pendens is cross-indexed.
Get the deed cleared: pursue a judgment declaring the deed void or invalid and granting appropriate relief to clear title. After judgment, record or index the court’s judgment (or other court-ordered instrument) in the land records so the public record reflects that the deed no longer supports the adverse claim.

Exceptions & Pitfalls

Not naming or serving everyone who claims under the deed: If a grantee (or later transferee or lender) is not made a party, the judgment may not fully clear title as to that person’s claimed interest.
Assuming the register of deeds can “delete” the deed: Registers of deeds record instruments; they usually do not adjudicate fraud or ownership disputes. Clearing the record typically requires a court judgment that can be recorded or referenced in the chain of title.
Lis pendens timing and content mistakes: A lis pendens must include the required case information and a property description, must be filed in the correct county (or counties), and must be followed by timely service to remain effective.

Conclusion

In North Carolina, challenging a fraudulent deed recorded after an owner’s death usually requires a Superior Court lawsuit to quiet title and obtain a judgment declaring the deed void, so the judgment can be recorded or indexed to clear the public record. The case must include proper parties and proper service so the court’s order binds the deed grantees. If a sale is a risk, the next step is to file a complaint and then file a lis pendens, followed by service within 60 days after cross-indexing.

Talk to a Real Estate Attorney

If dealing with a deed recorded after a death that appears to transfer property to the wrong people, our firm has experienced attorneys who can help identify the proper court action, preserve the property during the case, and explain deadlines and required filings. 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.