Klein v. Oakland/Red Oak Holdings, LLC

883 N.W.2d 699 (2016)

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Klein v. Oakland/Red Oak Holdings, LLC

Nebraska Supreme Court
883 N.W.2d 699 (2016)

  • Written by Rose VanHofwegen, JD
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Facts

Jeremy and Kimberley Klein and Robert and Elaine Lynch (plaintiffs) failed to search property records before spending $40,001 to purchase a trust deed to real estate. Had they done so, it would have revealed two tax deeds already recorded on the property, divesting the trustee of title. The couples brought an equitable action to recover the money from the trust beneficiary, Oakland/Red Oak Holdings, LLC, (defendant). The trial court found the trustee’s sale void and ordered the beneficiary to return the money. The beneficiary appealed.

Rule of Law

Issue

Holding and Reasoning (Miller-Lerman, J.)

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