Use of a forged deed to obtain clear title to real estate is possible in Arizona. The Arizona Supreme Court, in Dominguez v. Dominguez, filed April 16, 2025, ruled that a person claiming ownership under an allegedly forged deed could obtain clear title provided that he paid real estate taxes for 5 consecutive years and where the true property owner failed to file a quiet title lawsuit within 5 years of the accrual of the cause of action per ARS 12-524 and ARS 12-527.

ARS 12-254 provides:

An action to recover a lot located in a city or town from a person having a recorded deed therefor, who claims ownership and has paid the taxes thereon, shall be brought within five years after the cause of action accrues, and not afterward, provided that the person against whom the action is brought, by himself or his grantors, has claimed ownership thereof and has paid the taxes thereon for at least five consecutive years next preceding the commencement of such action.

A quiet title cause of action accrues when the owner’s interest in the property is adversely affected. This is when the false instrument or deed was recorded.

There are exceptions. The Discovery Rule can delay the commencement of the five-year limitations period until the property owner knew, or reasonably should have known, of the adverse claim. Equitable Tolling may also be available to delay the running of the statute of limitations where there has been misconduct or fraud.

But, no matter when the statute of limitations commences, ARS 12-257 provides that if a quiet title action is not timely filed under ARS 12-254, it is barred and the person “entitled to the bar shall be held to have full title precluding all claims.”

The court determined that a forged deed, if in correct form (signed and notarized), can constitute a “recorded deed” under ARS 12-254. ARS 12-254 and ARS 12-257 provide a way to obtain title to real property in Arizona that does not depend upon the validity of the deed. Title does not pass according to the deed. Title passes when the statutory procedure under ARS 12-254 has been complied with.

The court’s decision followed earlier Arizona decisions. The court was critical of this use of the Arizona statute in the case of a forged deed but noted that fixing this problem was a job for the legislature. It was also noted that this statute is old, appearing in 1901, prior to statehood. It undoubtedly solved problems in 1901. It is creating problems in 2025.

All property owners should sign up for Maricopa County’s free Title Alert service to receive a notice when any recording using their name is made. A quiet title action should be filed as soon as any adverse claim or recording is discovered.

If you have questions concerning a real estate matter or other legal matter, call one of our experienced attorneys at 602-277-4441 or use the form below to schedule a free consultation.