(conveyed) via a deed – be that a general warranty deed, quitclaim deed, special warranty deed etc. As between the parties to the deed, a properly acknowledged conveyance is final and binding whether or not the deed is recorded. Once properly executed and acknowledged, it is usual and customary to record a deed in the county deed records where all or part of the conveyed lands are located. § 12.001. Instruments Concerning Property. (Texas Property Code) (a) An instrument concerning real or personal property may be recorded if it has been acknowledged, sworn to with a proper jurat, or proved according to law. (b) An instrument conveying real property may not be recorded unless it is signed and acknowledged or sworn to by the grantor in the presence of two or more credible subscribing witnesses or acknowledged or sworn to before and certified by an officer authorized to take acknowledgments or oaths, as applicable. (emphasis added) 1. “An instrument that is properly recorded in the proper county is notice to all persons of the existence of the instrument.” Onwuteaka v. Cohen , 846 S.W.2d 889, 894 (Tex.App. —1993) 2. “However, an instrument conveying real property is not even eligible for recording unless it is signed and acknowledged by the grantor in the presence of two or more subscribing witnesses or a notary.” Onwuteaka v. Cohen , 846 S.W.2d 889, 894 (Tex.App. —1993) (emphasis added) 3. “The general purpose of an acknowledgment is to authenticate an instrument as being the act of the person executing the instrument.” Onwuteaka v. Cohen , 846 S.W.2d 889, 894 (Tex. App. —1993) Forged Deed A forgery in Texas occurs when one person signs the name of another without the authority to do so. 1st Coppell Bank v. Smith , 742 S.W.2d 454 (Tex. App. 1987) A forged deed is wholly void ab initio . A forged deed is in law no deed whatsoever; it simply is treated as if it never existed. Lynn v.
McCoy , 200 S. W. 885 (Tex. Civ. App. - 1926) “… A void instrument passes no title, and the mere fact that the grantee–mortgagee is an innocent purchaser makes no difference…” Wood v. HSBC Bank USA, N.A. , 505 S.W.3d 542, 549 (Tex. - 2016) Thus, even a mortgage company who grants the forger a mortgage, with no knowledge of the forgery, has no title and cannot foreclose its mortgage . “One holding under a void title cannot claim protection as an innocent purchaser ... Wood v. HSBC Bank USA, N.A. , 505 S.W.3d 542, 549 (Tex. - 2016) A forged deed, or forged deed of trust , is void and does not pass title to land. Texas Osage Cooperative Royalty Pool, Inc. v. Cruze , 191 S.W.2d 47 (Tex.Civ.App. - 1945, no writ); Erwin v. Curtis , 5 S.W.2d 547 (Tex.Civ.App. - 1928, writ ref’d). If properly acknowledged by the grantor and pertaining to and concerning real property, a deed of conveyance (not a forgery) will be entitled to recordation and will stand as constructive notice to third parties (in the chain of title). Sanchez v. Telles , 960 S.W.2d 762 (Tex.App. - 1997) Adverse Possession in Texas “Limitation represents the statutory acquisition of title to land by means of adverse possession. As shown by Article 5515 of the statutes, and the decisions interpreting such statutes, this means that there has been an actual, notorious, distinct and visible appropriation of land commenced and continued uninterrupted for the statutory period under a claim of right hostile to the claim of another, and of such character as to indicate unmistakably an assertion of a claim of exclusive ownership in the occupant. ” Texas Practice Land Titles (Lange), Section 861 Adverse possession is not about who uses the property more or for better purposes; rather, it is about whether one party ousts another from his legally held land. In other words, the owner must be wholly excluded by the adverse claimant. Kleckner v. McClure , 524 S.W.2d 608, 613 (Tex.Civ. App -1975, no writ); Terrill v. Tucknes s, 985 S.W.2d 97, 110 (Tex.App. — 1998)
Ultimately, proof of adverse possession by Mr.
G rowth T hrough E ducat i on - O c tober / N ov ember / D e c ember 2023 15
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