CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
The case involved an unpaid $300,000 loan secured by a mortgage. TJ Century alleged that Vine Hill Investors, LLC and its principals engaged in fraud, slander of title and conspiracy relative to the filing of a mortgage in order to obtain lien priority ahead of another mortgage holder. The trial court rejected TJ Century’s claims and issued summary judgment in favor of Vine Hill Investors, LLC and its principals. Specifically, the court found the legal descriptions attached to the mortgage had not been fraudulently “switched” and there had been no reliance on the seller’s affidavit that would support a fraud claim. Additionally, the court also found the mortgage at issue was valid and enforceable although the mortgagee was an unregistered assumed name used by Vine Hill Investors, LLC.
Bowman and Brooke represented Vine Hill Investors, LLC.