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Greenberg v. Stewart Title Guaranty Co.
Citation:
492 N.W.2d 147 (1992)Facts
Martin Greenberg and John Huber purchased four condominium units in Lake Geneva, Wisconsin. Before acquisition, they contacted Stewart Title Guaranty Company through its agent, Southeastern Wisconsin Title Company, which provided title commitments and subsequently issued owner’s title insurance policies insuring their title interest in the condominiums. After Huber quitclaimed his interest to Greenberg, Greenberg attempted to sell the units but claimed he was unable to do so because certain liens and encumbrances against the property made it impossible to transfer marketable title. As a result, Greenberg’s lending institutions obtained foreclosure judgments, and after a sheriff’s sale, deficiency judgments were entered against him totaling $564,771.71. Greenberg filed a claim with Stewart alleging unmarketable title, which Stewart denied. He then sued both Stewart and Southeastern, alleging negligent misrepresentation, negligence, breach of fiduciary duty, breach of contract, and lack of good faith and fair dealing.
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