Himes v. Schiro

KELLY, Judge.

The trial court entered judgment quieting title to real property in the plaintiffs, Richard and Carol Himes, and granting injunctive relief prohibiting the defendants, Frank and Rose Schiro, from proceeding with foreclosure of a deed of trust on the property. The Schiros assert that the Himes had constructive notice of’a defect in the chain of title and that the trial court erred in concluding that the Himes were bona fide purchasers. We agree and therefore reverse.

The facts are substantially uncontrovert-ed. The Schiros entered into a specific performance contract to sell to…