March 13, 2014

Payne & Fears LLP Obtains Summary Judgment for Major Title Company

On March 30, 2012, Payne & Fears LLP obtained summary judgment in favor of its client, a major national title company, in an alleged Truth in Lending Act violation matter in the United States District Court for the Northern District of California.  The plaintiffs alleged that a bank had failed to provide the plaintiffs with the proper disclosures in connection with the refinancing of plaintiff’s property in 2008 and the closing documents had been altered without the plaintiff’s consent.  The bank had in turn filed a third party complaint against the title company, seeking indemnity for any damages awarded against the bank as a result of irregularities in the closing documents.  Following discovery in which the bank was unable to develop any evidence showing liability on the part of the title company, Payne & Fears moved for summary judgment.  The motion was granted on March 30, 2012 and judgment was entered in favor of our client on the same day.  Dan Livingston represented the successful title company.