Franklin Bank, N.A. v. Bowling

In this case, Bruce T. and Elizabeth H. Bowling purchased a condominium unit and parking space in Eagle County from Patrice Merritt. The Bowlings obtained a title insurance commitment, which did not refer to any judgment liens encumbering the property. Several months after that transaction, Franklin Bank, NA. and NBD Equipment Finance, Inc. (Creditors), sought to execute against the property, based upon judgment liens filed prior to the sale against "Grady Merritt," husband of Patrice Merritt, and a signatory on the deed of trust encumbering the property. The Bowlings brought this action to…