Hooper

INTRODUCTION

Marlow Hooper executed a deed of trust (DOT) intending to encumber his home

to secure a loan. After Hooper fell behind on his payments, the lender discovered the

legal description on the DOT identified the wrong lot number. The lender asked Ticor

Title Insurance Company (Ticor) to correct and re-record the DOT. Ticor did so by re-

recording the DOT with a handwritten correction to the lot number, but it did not

conform to the procedures required by the County of San Bernardino (County) for re-

recording. Hooper sued Ticor for fraud and negligence alleging he was not given notice

of the re-recording until after he filed bankruptcy. As a result, he alleged, he lost his

home when the bankruptcy trustee was able to sell the home as an unsecured asset

available to the estate and its creditors.

Hooper appeals the summary judgment granted in favor of Ticor after the trial

court ruled Hooper could not establish Ticor acted with an intent to defraud, which is a

critical element of fraud or concealment, and the negligence cause of action is barred by

the statute of limitations. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

A

Hooper executed a DOT on…