St. Paul Title Insurance Corp. v. Owen,

452 So.2d 482 (1984)

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Nature of the Case

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Facts

Owen, executed a warranty deed to convey property to his brother and sister in law. The deed was recorded three weeks later, March 8, 1976. The warranty deed form was obtained from the law office of Owen, Sr. the father of Owen and his brother. The land was then conveyed to Dennis Carlisle, the brother of the sister in law under a statutory warranty deed; this was done on June 6, 1976, and recorded on July 14, 1976. Carlisle mortgaged the property to United Companies Mortgage and Investment for $17,159.52. This was recorded on July 14, 1976. Carlisle then mortgaged the property again to GECC for $17,671.29 on November 8, 1977, substituting mortgages and paying off the first. Carlisle subsequently defaulted and GECC attempted to foreclose. The court found that Carlisle held no right title or interest in the property on the day the mortgage was executed, and GECC was not entitled to foreclose. GECC (P) then sued St. Paul Title (D) to collect its debt. St. Paul as subrogee then sued the Owens; they had breached the covenants of title contained in the deeds. D did not get the judgment against the Owens' and D appealed.