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Real Property: Quiet Title-Slander of Title-Statute of Limitations

Staff Report//July 9, 2019//

Real Property: Quiet Title-Slander of Title-Statute of Limitations

Staff Report//July 9, 2019//

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Where a mortgage company challenged a judgment quieting title to a homeowner, arguing that her quiet title and slander of title claims were barred by the applicable statutes of limitation, the resolution of the timely declaratory-relief claims controlled the resolution of the quiet title action, and the action for slander of title alleged a continuing wrong, so the homeowner could recover damages occurring during the five years before her lawsuit, and substantial evidence supported the claim, so the judgment is affirmed and remanded for a determination of the homeowner’s reasonable attorney’s fees on appeal.

Judgment is affirmed; remanded.

Dumler v. The Nationstar Mortgage LLC (MLW No. 73481/Case No. WD81446 – 15 pages) (Missouri Court of Appeals, Western District, Chapman, J.) Appealed from circuit court, Jackson County, Grate, J. (Thomas Rice Jr., Megan Stumph-Turner, Susan Robertson and J. Zachary Bickel, Kansas City, Missouri, for appellant) (Christopher Wirken, Kansas City, Missouri, respondent).

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