Thomas J. Moss v. Horizon Bank, N.A., and Chicago Title Insurance Company (mem. dec.)

Case Summary

[1] Thomas Moss is a beneficiary of two land trusts, one of which, Trust 08-1292, sold land to the other, Trust 08-3923, in 2005. Trust 08-1292, and Moss individually as a beneficiary of it, were to be paid over time and were each granted a mortgage by Trust 08-3923. In 2012, Moss became aware that the mortgages had apparently never been recorded, potentially leaving him and Trust 08-1292 as unsecured creditors to Trust 08-3923. In July of 2012, Trust 08-3923 filed for bankruptcy and indeed attempted to avoid the mortgages.

[2] In 2013, Moss sued Chicago Title Insurance Company and…