Huntington v. Mila, Inc.

OPINION

In this appeal, we consider whether a title insurance company, conducting a title search on behalf of a lender for the purpose of issuing a title policy, is the lender’s agent. We conclude that a title company is not the lender’s agent and, thus, the title company’s constructive notice may not be imputed to the lender.

On May 18, 1998, The Donald J. Adams Trust conveyed real property to Tanner Song. On the same day, Song conveyed the property to appellant David L. Huntington, simultaneously executing an unrecorded Real Estate Holding Agreement (Agreement), signed by Song and Huntington.…