Trent Bond successfully tried a case on behalf of a lender that was insured under a policy of title insurance, where the mortgage or deed of trust was lost and the borrower had claimed he had not signed the deed of trust, although he had accepted the loan funds. Trent filed suit for quiet title pursuant to Missouri’s lost deed law seeking a judgment that its copy of the deed of trust was a true and accurate copy of the lost original and sought to encumber the borrower’s property with a first priority lien. The Defendants sought to avoid the mortgage altogether and argued that they did not sign the closing documents. Defendants’ argument was controverted by the testimony of a handwriting expert and ultimately, with the aid of an advisory jury, the Court found that the Defendants signed the deed of trust and intended to encumber their property with it. The trial was held in Christian County, Missouri.
Hein Schneider & Bond P.C.
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