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FIDELITY & DEP. CO. v. TICOR TITLE INS.

No. 37512-1-I.

943 P.2d 710 (1997)

88 Wash.App. 64

FIDELITY & DEPOSIT COMPANY OF MARYLAND, as successor in interest and assignee of Home Federal Savings and Loan Association of Nebraska, Appellant, v. TICOR TITLE INSURANCE COMPANY, a California corporation, Appellant, and Affiliated Mortgage Company, a Texas corporation, Respondent.

Court of Appeals of Washington, Division 1.

September 22, 1997.

Attorney(s) appearing for the Case

Alexander A. Friedrich, Yusen & Friedrich, Seattle, for Appellant Fidelity & Deposit Co.

Stephen John Sirianni, Ann E. Merryfield, Sirrianni & Youtz, Seattle, for Appellant Ticor Title Insurance Co.

Alexander J. Higgins of Stokes, Eitelbach & Lawrence, P.S., Seattle, for Respondent.

GROSSE, Judge.

Affiliated Mortgage Company of Texas (Affiliated) holds a valid note and deed of trust to the property of William and Mary Etter. Fidelity & Deposit Company of Maryland (Fidelity) holds a deed of trust and a forged note with respect to the same property. The Etters are not in default on the valid note. The dispute between Affiliated and Fidelity over which has superior rights to the security is easily resolved on the simple proposition that one...

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