Evision, et al. v. CitiMortgage, Inc., et al., Denver County District Court, Colorado
Jan 01, 2013OUTCOME: Trial court judgment reversed on appeal in favor of defendant-client
Obtained summary judgment on behalf of mortgage servicer, to reinstate a deed of trust as a first-position lien after it had been fraudulently released by a former vice president of servicer and sold t ... hrough a shell entity to unaffiliated third-party purchasers. Court held that release was a void document, which contained misrepresentations of vice president’s authority, and therefore servicer could not be held vicariously liable under doctrines of apparent authority or respondeat superior for recordation of the fraudulent release.
