In 2010, Anna recorded a deed conveying a parcel in Northampton, Massachusetts to Ben. In 2015, it is discovered that the 2010 deed contained a forged signature from Anna — she never actually signed the deed. Ben, believing he owned the property, sold it to Carol in 2018 by quitclaim deed, which Carol promptly recorded. Carol had no knowledge of the forgery. Under Massachusetts law, what is the most accurate statement about Carol's title?
Correct Answer
A) Carol holds defective title because a forged deed is void — not merely voidable — and conveys no title to anyone, including subsequent bona fide purchasers
A forged deed is void ab initio — it is a legal nullity and conveys absolutely no title. This is a critical distinction from a voidable deed (such as one obtained by fraud or duress), which conveys title that can later be rescinded. Because Anna never actually signed the 2010 deed, it was void from the beginning. Ben received no title whatsoever, and therefore had no title to convey to Carol. The Massachusetts race-notice statute protects subsequent bona fide purchasers against prior unrecorded interests, but it cannot cure a void deed — the recording statute operates only on valid conveyances. Carol's title is defective regardless of her bona fide purchaser status.
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Related Topics & Key Terms
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Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
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