EAGLE EQUITY FUND, LLC v. TITLEONE CORP.

Docket No. 42850.

386 P.3d 496 (2016)

EAGLE EQUITY FUND, LLC, an Idaho Limited Liability Company, Plaintiff-Appellant, v. TITLEONE CORPORATION, an Idaho Corporation; and Corey Barton Homes, Inc., an Idaho Corporation, Defendants-Respondents, and Fidelity National Title Company (fka Land America Transnation aka Transnation Title & Escrow, Inc.), a Delaware Corporation; Chicago Title Insurance Company, a Nebraska or Florida Corporation (fka Ticor Title Insurance Company, a California Corporation); RBC Real Estate Finance, Inc.; Alliance Title & Escrow Corp., a Delaware Corporation; DAS Investments, LLC, an Idaho Limited Liability Company; and John Does III-X, unknown individuals and/or companies, Defendants.

Supreme Court of Idaho, Boise, May 2016 Term.

Filed: November 25, 2016.


Attorney(s) appearing for the Case

Eagle Law Center, LLC., Eagle, attorneys for appellant. Paul R. Mangiantini argued.

Givens Pursley, LLP, Boise, attorneys for respondent TitleOne. Thomas Dvorak argued.

Richard W. Mollerup , Boise, attorney for respondent Alliance Title.

Fisher, Pusch & Krueck, LLP, Boise, attorneys for respondent Corey Barton. David T. Krueck argued.

Hawley, Troxell Ennis & Hawley, Boise, attorneys for respondent DAS Investment.


I. NATURE OF THE CASE

This case arises out of an allegedly improper reconveyance (the "Reconveyance") of a junior deed of trust (the "EEF Deed of Trust") held by Appellant, Eagle Equity Fund, LLC ("EEF"). The Reconveyance, which was executed by Respondent, TitleOne Corporation ("TitleOne"), had the effect of divesting...

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