First American Title Insurance v. United States

FARRIS, Circuit Judge:

First American Title Insurance Co. and Provident Federal Savings Bank appeal from the district court’s grant of a motion to dismiss for failure to state a claim. We reverse and remand.

BACKGROUND

This appeal concerns the status of various liens on real property located in Grand Terrace, California. Mark A. Moss acquired the property in July 1983. He mistakenly recorded the deed under the name Mark H. Moss. In October 1983, Moss gave Provident a deed of trust in the property in order to secure payment of a $156,-000 promissory note. Provident recorded the deed on October…