Klein v. Oakland/Red Oak Holdings, LLC.

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Klein v. Oakland/Red Oak Holdings, LLC.

Case Number
S-15-0380
Call Date
January 29, 2016
Court Number
Phelps
Case Summary

S-15-380, Jeremy L. Klien and Kimberly J. Klien and Robert D. Lynch and Elaine M. Lynch v. Oakland/Red Oak Holdings, LLC [appellant]

Phelps County, Honorable Stephen R. Illingsworth

Attorneys: Mark L. LaPuzza and Ashley Dieckman of Pansing Hogan Ernst & Bachman for appellant; Natalie G. Nelson of Dier, Osborn, Cox & Nelson for appellee

Civil: Nullification of a Trustee's sale of real estate

Proceedings below: District court found the Trustee sale void and ordered the Appellant to return to the Appellees the purchase price of $40,001.

Issues: 1) Did the Appellant have a duty to discover and notify buyers that a Treasurer's Deed had been issued; 2) does a Trustee Deed contain any representations or warranties of title; and 3) must a Trustee sale include any title or interest at all to be valid and if so did the buyers have any such interest after the sale.