Colonial Villas, Inc. v. Title Insurance

OPINION

FERNANDEZ, Judge.

Appellant filed a quiet title action seeking to enjoin a foreclosure sale on a deed of trust under which appellee is trustee, contending that its deed of trust is a prior lien. The trial court denied relief, thereby finding that appellee’s deed of trust is superior to appellant’s. We affirm.

The case was tried before the court primarily on stipulated facts. We have set out only those which are necessary to this decision. Appellant is a corporation whose principal stockholder and president is William Shiells. In November 1982 Shiells and his real estate agent, John…