Giorgi v. Pioneer Title Insurance Co.

A promissory note secured by a deed of trust was deposited with Pioneer Title Insurance (defendant), which was instructed to collect payment and re-convey the secured property to the payee, Mabel Manke, once paid in full; after her husband died, Mabel assigned her interest in the note (which had been lost) to Julio Giorgi (plaintiff), who notified the borrowers and recorded the assignment but never told Pioneer. Pioneer, unaware of the assignment, collected payment and re-conveyed the property to Mabel as instructed; when Giorgi tried to collect and learned this had already happened, he sued both Mabel and Pioneer, and the trial court held Mabel liable but not Pioneer, prompting Giorgi's appeal.