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STEWART TITLE GUAR. CO. v. DUDE

Nos. 11-1374, 11-1393.

708 F.3d 1191 (2013)

STEWART TITLE GUARANTY COMPANY, a Texas corporation, Plaintiff-Appellee/Cross Appellant, v. Harald DUDE, individually and as general partner of Dee Investments Limited Partnership, a Nevada limited partnership, Defendant-Appellant/Cross-Appellee, and Denise Roberts, individually and as a general partner of Dee Investments Limited Partnership, a Nevada limited partnership, Defendant, v. Dee Investments Limited Partnership, a Nevada limited partnership, Third-Party-Defendant-Appellant/Cross-Appellee, and Weaver & Mitchell, Inc.; Stewart Title of Colorado Inc.; David Lester, Third-Party-Defendants.

United States Court of Appeals, Tenth Circuit.

February 26, 2013.

Attorney(s) appearing for the Case

Stephen C. Harkess of Harkess & Salter LLC, Lakewood, CO, for Defendant-Appellant/Cross-Appellee.

Laurence W. DeMuth, III , ( Jennifer K. Harrison , Faegre Baker Daniels LLP, Denver, CO, with him on the briefs) of Faegre Baker Daniels LLP, Boulder, CO, for Plaintiff-Appellee/Cross-Appellant.

Before BRISCOE, Chief Judge, GORSUCH, and MATHESON, Circuit Judges.

GORSUCH, Circuit Judge.

Harald Dude's real estate dealings began breaking bad in 2003. After securing a $1.9 million loan from Washington Mutual on a house he owned in Aspen, Mr. Dude quickly sought to borrow another $500,000 from Wells Fargo. To satisfy Wells Fargo, Mr. Dude had to complete a form for the bank's title insurance company, Stewart Title. On that form, he was asked to disclose existing liens and loans on the property, at least those that hadn't already...

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