Old Republic Nat. Title Co. v. Thomas CA4/1

INTRODUCTION

Old Republic National Title Insurance Company appeals from a judgment in favor of Rita Thomas, a notary public. Thomas notarized trust deeds for five pieces of real estate for which Old Republic had provided title insurance. The signatures on the deeds of trust turned out to be forgeries, and Old Republic had to pay out on the title insurance policies. It sought to recover this money from Thomas, alleging she had negligently notarized the signatures. After a three-day bench trial, the court rendered judgment in Thomas’ favor. By statute, Old Republic had the burden of proof of Thomas’ alleged negligence. The trial court found Old Republic failed to carry this burden, because it did not present sufficient evidence to overcome the statutory presumption Thomas had acted in accordance with provisions of law. We cannot fault its logic or reweigh the evidence, so we affirm the judgment.

FACTS

The basic facts are, for the most part, undisputed. Old Republic issued title insurance policies for five deeds of trust on five pieces of real estate. The deeds of trust had to be notarized, and Thomas notarized all five in November 2011. The signatures on the deeds of trust and on…