Richard O'Leary, et ux. v. Ann Johnson

OPINION

W. FRANK CRAWFORD, P.J., M.S.,

delivered the opinion of the court,

in which DAVID R. FARMER, J. and HOLLY KIRBY LILLARD, J., joined.

This case involves a payoff of a loan secured by a deed of trust on real estate and the failure to release the deed of trust on the record. In connection with a refinancing by the property owner, the title company closing agent issued a check to pay off the existing loan secured by a deed of trust. The check-payees, husband and wife, failed to negotiate the check and did not release the deed of trust. Some ten years later, after the death of the husband, the…