Keyingham Investments, LLC v. Fidelity National Title Insurance Co.
Georgia Court of Appeals
680 S.E.2d 442 (2009)
An imposter posing as the owner of a parcel of property fraudulently mortgaged the property to secure a loan from Keyingham Investments, LLC and its partners (lenders) (plaintiffs). The lenders had a title binder from Fidelity National Title Insurance Company (Fidelity) (defendant). The binder committed Fidelity to insure the property's title if Fidelity's lawyers examined the security deed and declared it "satisfactory," which the lawyers did in due course. The imposter defaulted on the loan, and his forgery soon came to light. Fidelity denied the lenders' title insurance claim on the grounds that the forged security deed did not give the lenders a legitimate interest in the property. The lenders sued Fidelity for breach of contract, and moved for summary judgment. Instead, the trial court entered summary judgment for Fidelity. The lenders appealed to the Georgia Court of Appeals.
Rule of Law
Holding and Reasoning (Blackburn, J.)
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