46.6k views
3 votes
Where a registered owner discovers that his title has been transferred by forgery to another person, and registered in the forger's name, he should:

(a) Try to repurchase it from the forger who is now the registered owner.
(b) File a caveat to prevent the forger from transferring the property to a bona fide purchaser.
(c) Register a judgment against the title to recover his title to the property.
(d) Remove the duplicate certificate of title from the land title office.

1 Answer

6 votes

Final answer:

Upon discovering a title transferred by forgery, the registered owner should file a caveat to prevent further transactions and seek legal advice to take appropriate steps to recover the title, which may include a court judgment against it.

Step-by-step explanation:

When a registered owner discovers that his title has been transferred by forgery to another person and registered in the forger's name, the most appropriate course of action is not to attempt a repurchase or simply remove the duplicate certificate of title from the land title office. Instead, legal measures must be taken to address the forgery and recover the title. The registered owner should:

  • File a caveat against the title as soon as possible to prevent the forger from selling the property to a bona fide purchaser.
  • Seek legal advice to initiate a court proceeding aimed at correcting the register and restoring the title of the property to the true owner, which could potentially include getting a judgment against the title.

Every jurisdiction may have different procedures for handling such a case of title forgery, hence contacting a legal professional is crucial. The local laws pertaining to property rights and transfers will guide the necessary steps to rectify the forged transfer.

User Mred
by
8.4k points