A property owner was unaware of lien on land that she bought, leading to a foreclosure several years later. Feeling that this must have been the fault of someone else, she filed suit against a land title company in the District Court of Oklahoma County. The plaintiff blamed the title company and others involved in her transaction, alleging a variety of breached duties, such as good faith and fair dealing.
Other defendants filed motions for summary judgment, but these were denied because the court identified conflicting fact issues compelling a jury trial. Despite these rulings, our team of Nathan Clark, Rachel Lee and Kyle Rogers prepared a motion for summary judgment on behalf of the title company, focusing only on the strongest legal argument. The plaintiff’s opposing brief urged pages upon pages of supposedly conflicting material facts — a strategy that had worked so well for her before in this case. Our team’s reply brief cut through the thicket of alleged facts to demonstrate that the key elements for summary judgment were met by the record. The title company’s motion for summary judgment was granted. While the other defendants face the distraction and uncertainties of a jury trial in 2014, for the title company, it will be just another day at the office.