Can A Forged Deed Cost You Your House?
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A forged deed, a ticking clock, and a court that says the fix belongs to lawmakers—this conversation goes deep into how Arizona’s property laws shape real lives. We walk through Dominguez v. Dominguez, where a recorded deed alleged to be forged collided with a five‑year statute tied to property tax payments. The result is unsettling: an elderly homeowner can lose title if fraud isn’t challenged in time. The concurrence even warns that this reading could become a blueprint for deed thieves. We unpack why the justices still chose restraint, applying the statute as written and pointing the finger at the legislature to close the gap.
Then we pivot to Aroca v. Tang Investment, where the court extinguished a deed of trust after the limitations period on the underlying debt expired, rejecting the idea that liens can linger forever. If a lender sleeps on its rights, the lien goes too. That may sting in post‑crash scenarios and for second liens, but it brings certainty to chains of title and aligns with broader policy around timely enforcement. Together, these cases show a consistent philosophy: courts interpret law; lawmakers set policy. If the rules enable deed fraud or crush lenders, the remedy is legislative.
We share practical steps you can take now. Homeowners and families can set up county title alerts, keep tight control of original documents, watch tax bills, and get counsel at the first hint of title activity. Lenders can audit dormant notes, calendar deadlines, and streamline enforcement so claims don’t die on the vine. And for those who want change, the path is civic, not judicial: advocate for a discovery‑rule fix to forged deeds, stronger notary standards, and better recording notice.
If you care about protecting homes, cleaning up title, and keeping courts in their lane, this one’s for you. Subscribe, share with someone who owns property in Arizona, and leave a review telling us which outcome you’d change and why.