Krister Evertson f/k/a Kris Eriksson v. Lillian Eriksson Sibley f/k/a Lillian K. Eriksson-Hebdon and Lillian K…

Summary

The court affirmed summary judgment establishing the bank as a bona fide lender because the bank lacked actual, constructive, or inquiry notice of the son’s competing claim or alleged fraud, and a deed recorded outside the chain of title does not create constructive notice. The court reversed dismissal of the son’s fraud-in-the-factum claim because such fraud renders a conveyance void, eliminating bona fide-lender protection, and the pleaded facts could establish that the mother did not understand the nature of the deed she signed.