Property and Deeds

Elbar Invs. v. Williamson & Sears, No. 01-03-00278-CV, 2004 Tex. App. LEXIS 5150 (Tex. App.—Houston [1st Dist.] June 10, 2004, no pet.). (Attorney’s Duty to Disclose)
Under the Deceptive Trade Practices Act (DTPA), attorneys for judgment creditors had no duty to disclose to a purchaser the existence of an individual's claim of ownership to a property because the constable's sale issued a quitclaim deed, which gives the purchaser notice of all defects in title.

Commonwealth Land Title Co. v. Nelson, 889 S.W.2d 312 (Tex. App.—Houston [14th Dist.] 1994, writ denied). (Deed of Trust; Forgery)
A deed of trust is not rendered a forgery by merely referencing a forged document. The D'Oench, Duhme doctrine, which allows the FDIC to rely on official bank records in determining the worth of the bank's assets, does not preclude a claim against the FDIC that a document was forged because forgery is fraud in fact, making the forged document void, and the doctrine cannot revive a void document.