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Fuller v. Fuller CA2/5
In this family law case, Danny Fuller (Danny) filed a dissolution action against his wife Susanna Maria Fuller (Susanna). Subsequently, Susanna filed a quiet title action against a predecessor company of Wilmington Savings Fund Society, FSB, dba Christiana Trust as Trustee of the Residential Credit Opportunities Trust Series 2015-1 (Wilmington) to rescind and declare void a deed of trust that secured a $315,000 loan made to Danny and Susanna by Wilmington’s predecessor company. The deed of trust securing the loan was recorded against the marital home. Wilmington’s predecessor company filed a cross-complaint against Danny and Susanna for imposition of an equitable lien on the marital home. Proceeding under its equity jurisdiction, the trial court ruled the deed of trust was null and void because Susanna’s signature was forged. The court also awarded Wilmington an equitable lien against the marital home in the amount of $345,501.30.

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