§ 749.Damages In Action By Homeowner Against Beneficiary of Trust Deed Where Trust Deed Forged By Beneficiary

Forged trust deeds strike at the heart of a homeowner's title, and § 749 responds with an enhanced remedy. In an action for damages by a homeowner or trustor against a beneficiary of a trust deed on a single-family residence of no more than four dwelling units — or against an assignee or successor in interest of that beneficiary — where the trust deed was forged in whole or in part by the beneficiary, judgment can be entered for three times the assessed actual damages.

That treble-damages exposure doesn't automatically follow the deed of trust to every later holder. An assignee, successor, or transferee of a prior assignee or successor faces treble damages only if it's shown that person purchased or obtained the deed of trust with actual knowledge of the forgery. Subdivision (c) further limits the section to people who purchase and sell four or more deeds of trust in a calendar year, sparing occasional or incidental participants in the market. Subdivision (d) makes clear this remedy doesn't limit any punitive damages otherwise available, and subdivision (e) sets the section's applicability to actions filed on or after July 1, 1983, including then-pending cases.