Ticor Title Insurance Company v. Alvin Florida, Jr. Homer H. Shepard, and Jeffrey Anthony Deborah v. Blue

Ticor Title Insurance Company (Ticor) brought suit for damages resulting from its reliance on a fraudulent federal tax lien release that had been forged by Shepard and Florida. The district court, following a bench trial, entered a judgment in favor of Ticor after concluding that Shepard and Florida had violated the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-1968 , and had engaged in fraud. The district court had jurisdiction pursuant to 18 U.S.C. § 1964 (c). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

I

Shepard and Florida were partners in Realty Information Systems (Realty), a business which invested in real estate, particularly distressed properties in foreclosure. In August 1987, they purchased a San Francisco condominium. The condominium was encumbered by a federal tax lien, recorded in 1986, in the amount of $39,487.52. Shepard and Florida subsequently offered the condominium for resale.

Landis contacted Shepard and Florida as an interested purchaser in September 1987, but advised them that title to the property would have to be delivered free of any liens. The parties agreed on a purchase price,…