What is an example of fraud affecting a deed?

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Fraud in factum is a specific type of fraud that occurs when a person is deceived into signing a legal document without understanding its true nature or the significance of the transaction. This can happen when the individual is misled about the document's content or purpose, leading them to consent to something they did not truly agree with. In the context of a deed, fraud in factum can have serious implications, as it can render the deed void, meaning that the property transfer can be legally challenged or deemed invalid.

This concept is distinct from other issues related to deeds, such as the failure to disclose prior liens or misrepresentation of property value, which may not necessarily involve intentional deception about the document itself. Instead, these issues often pertain to the accuracy of information or the failure to provide complete disclosure, which may impact the transaction but do not equate to the deceptive signing of a document under false pretenses. Similarly, failing to provide a current title report primarily relates to due diligence and transparency in the transaction rather than deceit regarding the nature of the deed itself.

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