Getsen Acquisitions v. Zapf CA4/1

I.

INTRODUCTION

Cross-defendant Eric Zapf appeals from a judgment entered against him and in

favor of cross-complainant Getsen Acquisitions, LLC (Getsen) on Getsen's claim for

professional negligence. Zapf was the real estate agent for the sellers of a residential

property that Getsen purchased.

After Getsen purchased the property, it discovered that the property remained

encumbered by a deed of trust in favor of a mortgage lender because the property owner's

loan had not been paid off. It was ultimately determined that someone had signed and

recorded fraudulent documents that made it appear that the seller's loan had been satisfied

and that the trust deed in favor of the lender had been reconveyed to a third party, such

that it appeared that the only lien on the property was for an amount substantially less

than the amount truly owed by the sellers.

In litigation that involved a number of parties and multiple complaints and cross-

complaints, Getsen cross-complained against the sellers, Zapf, and another man who had

been involved in assisting the sellers with the fraudulent documents. Getsen alleged that

Zapf had participated in the fraud, but also…