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The Difference Between a Void and Voidable Deed

In previous blog posts, Schorr Law discussed the effect of a void deed transferring property in California.  Today, I discuss the distinctions between a void deed and a voidable deed and how it affects your ability remove the cloud on title against a subsequent bona fide purchaser. A deed may be cancelled either because it is void or because it is voidable. This distinction is important because it affects your ability to clear up the cloud on your title against a bona fide purchaser who takes title based on the forged deed. Specifically, if the deed is void, it does not pass title and cannot be enforced even if recorded and even if title is later acquired by a bona fide purchaser. (Gibson v. Westoby (1953) 115 Cal.App.2d 273.)

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