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MARKOWITZ v. FIDELITY NATIONAL TITLE COMPANY PART-II

MARKOWITZ v. FIDELITY NATIONAL TITLE COMPANY PART-II
02:27:2007

MARKOWITZ v. FIDELITY NATIONAL TITLE COMPANY



Filed 5/31/06; Supreme Court publication order 8/30/06





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA




SECOND APPELLATE DISTRICT





DIVISION FOUR











DONALD J. MARKOWITZ,


Plaintiff and Appellant,


v.


FIDELITY NATIONAL TITLE COMPANY,


Defendant and Respondent.



B179923


(Los Angeles County


Super. Ct. No. BC301492)



Continue from Part I ………


A. Donald's Theories Regarding Duties Owed to Him by Fidelity


1. Statutory Duty (Civil Code Section 2941)


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Description trustee with respect to reconveyance of a deed of trust after secured obligation is satisfied, imposes no obligations on escrow holder to record trustee's deed of reconveyance. Where individual sued escrow holder for failing to record a request for reconveyance of a deed of trust on his real property that secured a promissory note, trial court properly granted nonsuit in favor of escrow holder on basis that individual was not a party to escrow or escrow instructions whereby he claimed escrow holder owed him duty.
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