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California Court of Appeal


Stockton Mortgage, Inc. v. Tope, C071210

In this abatement action, summary judgment in favor of cross-defendant First American in a cross-action to recover moneys under a policy of title insurance following a default on a real estate loan is affirmed, where: 1) the notice of abatement action is not a lien or encumbrance on the title insurance; and 2) even if the notice of abatement action did constitute a defect in or lien or encumbrance on title, cross-complainants' are not insured under the policy and thus lack standing to assert a claim under the policy.

Appellate Information

  • Decided 01/20/2015
  • Published 01/20/2015

Judges

  • Blease

Court

  • California Court of Appeal

Counsel

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