Trembley
Trembley v. First Security Mortgage (In re Cardoza)
Opinion
Lead Opinion
Bowie, J.
ORDER ON MOTION FOR RECONSIDERATION
On January 6, 1989 Plaintiff Trembley filed an adversary complaint styled “Complaint to Determine Validity, Priority and Extent of Liens and Other Interests in Property, for Damages and to Determine Dischargeability of Debt, and Demand for Jury Trial.” Named as defendants were the debtors and many others.
The essence of the complaint is that Trembley asserts he was part owner of a piece of property with the debtors. Tremb-ley alleges that the debtors and others forged his name to a quit claim deed transferring his interest in the property to the debtors. Among the other defendants is Walter L. Carpenter who is alleged to have acknowledged the forged signature on the *908 quit claim deed in his capacity as a notary public.
The Third Claim in the complaint is asserted directly against Mr. Carpenter for his alleged actions as the notary on the quit claim deed. In addition, Trembley sues Does 46 through 50, who are alleged to be “insurance corporations who had executed their official bonds as surety for Mr. Carpenter. ...”
On February 3, 1989 Trembley filed an amendment to the complaint naming Western Surety Company as Doe 46. On February 6,…