Brock v. Yale Mortgage Corporation

Supreme Court of Georgia · 2010 · Property

700 S.E.2d 583 (2010)

Updated July 23, 2026

Propertyforgeryquiet titlesecurity deedtenancy in commonbona fide purchaser for valueratificationsummary judgment

Facts

Brock and Joyce Brock bought the residence jointly in 1987 and therefore held it as tenants in common. After repeated mortgage defaults, Joyce sought a refinancing loan from Yale in her name alone and, to obtain it, presented a quitclaim deed purporting to transfer Brock's interest to her; Yale does not dispute that Brock's signature on that deed was forged. Yale loaned Joyce $60,000, using part of the proceeds to satisfy the prior mortgage, and Joyce executed a deed to secure debt in Yale's favor covering the property. During the later divorce, Joyce agreed to transfer any interest she had in the property to Brock, and the settlement agreement referred to a liability on the property, but did not specify whether that liability encumbered the whole property or only Joyce's share.

Issue

Whether Yale could obtain a valid security interest in the entire property based solely on bona fide purchaser for value status when its chain of title depended on a forged quitclaim deed, and whether Brock ratified the forged quitclaim deed so as to validate Yale's security interest in the whole property. Also, whether Yale at least held a valid security interest in Joyce's one-half undivided interest.

Rule

A forged deed is a nullity and conveys no title; therefore, even a bona fide purchaser for value without notice of the forgery cannot acquire good title, or a valid security interest, through a grantee in a forged deed. A tenant in common may convey or encumber only his or her own interest without the consent of the other cotenant, so an attempted conveyance of the whole affects only the conveying cotenant's share. A forged signature may be binding if ratified, but ratification is usually a jury question and requires an externally observable assent, or acceptance or retention of benefits with full knowledge of material facts.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Nina Patel and Omar Lewis own a duplex in Columbus, Georgia, as tenants in common. Without Nina's knowledge, Omar forges Nina's signature on a quitclaim deed purporting to transfer her interest to him, then grants a security deed on the entire duplex to Peachtree Harbor Lending, which lends in good faith and without notice of the forgery.

What is the strongest argument about Peachtree Harbor Lending's interest?

Explanation. A forged deed is a nullity and passes no title, so even a bona fide purchaser for value cannot acquire rights through the forged chain as to Nina's share. But a tenant in common may encumber his own undivided interest without the other cotenant's consent, so Omar's security deed is effective at least as to Omar's own share.