Thorp Consumer Discount Co. v. Hartigan

Fain, Judge.

Plaintiff-appellant Thorp Consumer Discount Company, d.b.a. ITT Financial Services, Commercial Division (“ITT”), appeals from a judgment of the trial court adopting a magistrate’s decision to dismiss ITT’s complaint for foreclosure of its senior mortgage. ITT contends that the trial court erred by finding that ITT’s acceptance of a quitclaim deed executed by the mortgagor merged its mortgage interest in the property with its interest as titleholder, thereby extinguishing the mortgage lien. ITT maintains that the record is devoid of any unequivocal act indicating its intent to…