Real Estate Title Transfer Tale

A married couple buys ten acres of land in anothercounty where they plan to retire when the time comes.

Two years later they divorce. Title to their tenacres remains in both their names after the split.

Months later the wife checks county records andfinds a deed transferring the property from her nameand her husband's name to a buyer.

But wait...she never signed the deed. Herhusband had forged her signature and had a notary(who was a friend) notarize the false signature.

Is the wife in a fix? Has she lost the propertythrough the action of her slimy ex-husband? Shouldshe try to remarry the ex? Should she tell herstory on Oprah for 15-minutes of fame? Shouldshe have the old husband whacked?

Surprise! The wife still owns the property... atleast she owns half of it. A forged signatureconveys nothing! Since the wife did not sign thedeed she did not release her interest in the property.

What about Mr. Sneaky Husband? Well... he signed the deeddidn't he? He conveyed his interest in the propertyand that was a legal transfer (probably).

The buyer of the land owns only the husband'sinterest... and here's where it gets good...

The buyer was buying the whole property in good faith.He did not know about the forged signature... so he hasa claim under the title insurance policy for the loss ofthe wife's interest in the property!

Hurray!... Finally somebody gets something for all thosetitle insurance payments we make!