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In the Matter of Donald O. Nelson

The Supreme Court disbarred an attorney after he improperly witnessed a signature on a real estate document and made false statements to the State Bar regarding the wrongdoing.

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This disciplinary matter is before the Court on the Report and Recommendation of the Review Panel, recommending that Donald O. Nelson State Bar No. 537800, who was admitted to the Bar in 1969, be disbarred for improperly witnessing a quitclaim deed after a real estate closing and making false statements in connection therewith to the State Bar.

Following the State Bar’s filing of a formal complaint, an evidentiary hearing was held before special master, Wade W. Herring, II. The special master found the following facts: In September 2005 Nelson represented the lender in a refinancing of property owned by a married couple. At the closing, the Husband signed the security deed and believed he was a joint borrower with his Wife. However, in October 2005, a quitclaim deed transferring Husband’s interest in the property to Wife was prepared in Nelson’s office. Someone other than Husband executed the quitclaim deed. Nelson witnessed, and his legal assistant notarized, Husband’s signature. The quitclaim deed was filed in February 2006, and in March 2006, Wife obtained a second mortgage on the property unbeknownst to Husband. Husband first learned of the forged quitclaim deed in mid-2006.

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