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RECORDING THE DEED IS NOT NECESSARY FOR THE TRANSFER OF TITLE; THEREFORE A FORGED SIGNATURE ON THE TRANSFER DOCUMENT DOES NOT RENDER THE DEED VOID (SECOND DEPT).

The Second Department noted that a forged signature on the transfer document necessary to record a deed would not render the deed void:

“A deed that is forged is a legal nullity, which conveys nothing, and a mortgage based on such a deed is likewise invalid” … . A deed that is “acquired by fraudulent means,” however, is merely voidable … . A “voidable deed, ‘until set aside, . . . has the effect of transferring the title to the fraudulent grantee, and . . . being thus clothed with all the evidences of good title, may incumber the property to a party who becomes a purchaser in good faith'” … .

… [T]he plaintiff claims that [the grantor’s] signature on an RP-5217-NYC transfer document necessary to record the deed was forged. However, “recording is not required in order to transfer title to real property” … . “In order to transfer title, an executed deed must be delivered to and accepted by the grantee” … . Consequently, title to the property was transferred to [the grantee] upon delivery to and acceptance of the executed deed by [the grantee], and any forged signature on the RP-5217-NYC transfer document necessary to record the deed would not affect the validity of the transfer of title or of the subsequent mortgage … . Canecchia v Richmond Assoc. NY, LLC, 2025 NY Slip Op 01341, Second Dept 3-12-25

Practice Point: Title is transferred by delivery and acceptance of an executed deed. Recording the deed is not a necessary component of the transfer of title.

 

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