Heyl Royster

 

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Kokal Wins Quiet Title Case for Client on Summary Judgment

06/20/2018

Mike Kokal obtained summary judgment for a mortgagor in a proceeding on cross motions for summary judgment in a “Quiet Title” case in Christian County Circuit Court relating to land trusts and beneficiaries. The case involving an arcane legal issue that turned on the question of whether a land conveyance from a beneficiary of a land trust (who became the sole beneficiary) could convey property to a third party outside the trust without the involvement of the trustee. The third party subsequently entered into a mortgage relating to the subject property with the firm’s client, an LLC holding company. The court found that even though the trustee was not involved in the first conveyance, the fact that the beneficiary was the sole trustee confirmed the legitimacy of the transaction and protected our client’s subsequent interest in the property.