Yi v. Oh CA2/7
Appellant Young Sook Yi filed a quiet title action alleging her son had forged a power of attorney that he then used to obtain a loan secured by a deed of trust to Yi’s home. The complaint further alleged that Yi’s son defaulted on the loan, causing her house to be foreclosed upon, and then sold to respondents Soung Jin Oh and Jamie J. Oh. Yi sought an order declaring the power of attorney, the deed of trust and the Ohs’ grant deed void.
The Ohs demurred, arguing Yi had failed to allege any facts showing they had actual or constructive knowledge that the power of attorney was forged, or that any of the documents in their chain of title were invalid. Yi, however, argued that it was immaterial whether the Ohs had any such knowledge because a forged instrument is void as a matter of law, and cannot provide foundation for good title.
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