Mosley v. Ticor Title Insurance Co. of California

OPINION

McCLOUD, CMef Justice.

The issue is whether a final judgment adjudicating the validity of an existing lien on a homestead is void and subject to collateral attack.

Plaintiffs, L.G. Mosley and wife, Jynnifer Mosley, filed suit on March 18, 1993, against defendant, Ticor Title Insurance Company of Califorma, seeMng a declaratory judgment that a deed of trust lien upon the Mosley’s homestead was void. Ticor filed a motion for summary judgment asserting that the Mos-leys were collaterally attacking a prior final judgment and that the Mosleys’ claims were barred by res judicata and collateral…