Midfirst Bank v. Abney

Defendant, counterdefendant, and third-party plaintiff, David For-shay, bought property at a sheriff’s foreclosure sale and then transferred the property to defendant and counterplaintiff, Rodney G. Abney II. Forshay warranted in his warranty deed that the title was free and clear of encumbrances. However, third-party defendant, Nations Title Agency of Illinois, Inc., which performed the title search for the closing, failed to report that plaintiff, Midfirst Bank, had a priority lien on the property superior to Forshay’s position. Midfirst filed a foreclosure suit against Rodney, Forshay, and…