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Keyingham Investments, LLC v. Fidelity National Title Insurance Co.

Georgia Court of Appeals

680 S.E.2d 442 (2009)

Relevant factsFree

An imposter fraudulently mortgaged property to secure a loan from Keyingham and its partners (plaintiffs), whose title binder from Fidelity (defendant) committed to insure the title once Fidelity's lawyers examined and approved the security deed as "satisfactory," which they did. After the imposter defaulted and the forgery came to light, Fidelity denied the title claim, arguing the forged deed gave the lenders no real interest, and the trial court granted Fidelity summary judgment.

IssueFree

Whether a primary purpose of title insurance on real property is to protect a buyer against off-record risks in the chain of title.

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