First Community Bank v. Commonwealth Land Title Insurance Company

Filing 26

RULING, ORDER AND JUDGMENT denying 5 and 9 Motion for Oral Argument. FCB's 3 MOTION FOR SUMMARY JUDGMENT is GRANTED IN PART. Specifically, FCB's motion is granted to the extent that it seeks relief pursuant to the terms of the T itle Policy because FCB's Mortgage is primed by Central Progressive Bank's first priority mortgage. Commonwealth's 8 CROSS-MOTION FOR SUMMARY JUDGMENT is GRANTED IN PART. Specifically, Commonwealth's motion is granted to the e xtent that it seeks dismissal of FCB's claim that it is entitled to relief pursuant to the terms of the Title Policy because Torres is not the owner of the disputed property. JUDGMENT BE ENTERED in favor of Plaintiff FCB and against Defendant Commonwealth in the amount of $2,403,426.38, PLUS $337.24446 per diem interest FROM September 15, 2014 UNTIL judgment is satisfied. Signed by Chief Judge Brian A. Jackson on 9/19/2014. (LLH)