Old Republic National Title insurance Company v. Katherine A. Cox

Ms. Katherine A. Cox appeals the summary judgment entered in favor of Old Republic National Title Insurance Company (Old Republic). We reverse.

Factual and Procedural Background

Mr. Dennis Cox and Ms. Cox defaulted on a loan that refinanced their house. US Bank Nat’l Ass’n v. Cox, 341 S.W.3d 846, 849 (Mo.App.W.D.2011). Ms. Cox had solely executed a promissory note of $261,000, secured by a deed of trust bearing the Coxes’ signatures. Id. at 848. The property identified in the deed of trust mistakenly referred to an adjacent tract of land. Id. at 849. US Bank, the holder of the promissory note…