Swanson v. Safeco Title Insurance

OPINION

McGREGOR, Judge.

Safeco Title Insurance Company (Safeco) appeals from the trial court’s grant of partial summary judgment in favor of Brent and Darlene Swanson (Swansons). Swansons cross-appealed, alleging that the trial court applied an erroneous measure of damages.

Because we find that genuine issues of material fact exist, we conclude that the trial court erred in granting partial summary judgment and, therefore, reverse.

I

In 1983, Swansons purchased real property located in Maricopa County for $180,000. Swansons partially financed the purchase with a promissory note secured by a deed…