Humphrey

INTRODUCTION

Ethel Humphrey (Ethel) appeals a summary judgment granted in favor of Bank of

America, N.A. (BAC) declaring it is entitled to enforce a deed of trust as a bona fide

encumbrancer. Ethel argues the trust deed is void ab initio because an individual named

Jeremy Bernard Heard executed it as "JB Herd."1 Ethel asserts this is a fictitious name,

which renders the document an unenforceable forgery. We affirm the judgment because

we conclude Ethel did not present evidence of forgery to preclude application of the bona

fide encumbrancer doctrine.

FACTUAL AND PROCEDURAL BACKGROUND

A

Property Transfers

Ethel and her sister Noreen Humphrey (Noreen)2 resided in a family home located

at 4042-4044 National Avenue in San Diego for over 40 years. Noreen acquired

ownership of the property in February 2002, after it sustained fire damage.

The sisters hired the Alpha Project for the Homeless (Alpha Project) to repair the

fire damage. The Alpha Project recorded a mechanics lien against the property in

January 2004 after a dispute arose regarding money owed for the reconstruction.

1 As discussed in section C post, the individual known to Ethel as J.B. Herd also used…