Defense of Mortgage Trust in Quiet Title Action
Secured judgment in favor of mortgage trust in an action to quiet title brought by the alleged heir of the deceased owner of residential property located in Johnson County, Kansas. The plaintiff alleged that the deceased’s signature on the mortgage was forged. Forgery was denied, as execution of the loan documents was notarized. Additionally, the deceased borrower knew or should have known the loan was signed based on the history of his account information and mail correspondence regarding the loan. Following a bench trial, the court entered judgment in favor of defendants finding the loan documents were signed by the plaintiff, before a notary public, and are valid and enforceable.
