What must be true for a grantor to invalidate a forged deed?

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Study for the Real Estate Transactions Exam. Utilize flashcards and multiple choice questions, each with hints and explanations. Prepare to excel in your exam!

For a grantor to invalidate a forged deed, the key requirement revolves around the timing of when they take action regarding the deed. If the forged deed is recorded first, it may create public records that complicate the grantor's ability to assert their claim. Therefore, it is essential that the grantor takes legal action—such as filing a suit—before the forged deed is recorded. This prioritization of the recording was established to protect innocent purchasers who may rely on the public records.

If the grantor fails to act before the recording, their chances of successfully invalidating the deed diminish significantly, as recorded documents provide a presumption of validity. Thus, acting promptly is crucial to ensuring that the grantor maintains their ownership interest and can contest the validity of the forged deed effectively.

The other options do not address the central issue of timing in the context of recording statutes and deed validity. For instance, simple discovery of fraudulent ink does not confer the legal ability to invalidate the deed without further action, nor is the act of transferring property relevant in invalidating a forgery. Furthermore, having a witness testify may not necessarily be a prerequisite for invalidation purposes in the context of the forging scenario at hand.

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