Mudge
Abstracts & Titles of Edwardsville is seeking to dismiss several counts in a lawsuit brought by Collinsville home owners who claim their property is prone to flooding.
Plaintiffs Donald and Vickie Wilson are suing Abstracts & Titles as well as Donald and Peggy Shank and Terry Allan, the owner of Allan Auction Service, for damages in excess of $60,000 and other relief.
Edwardsville attorney David Fahrenkamp entered his appearance for Abstracts & Titles on Oct. 13.
Fahrenkamp argues that the claims against his clients are insufficient and fail to state a cause of action upon which relief may be granted.
On a breach of contract count, Fahrenkamp states that, "The Defendant is not in the business of home warranties and has no contractual obligation to insure against flooding property."
"Since a title commitment is 'simply a promise to insure a particular state of title' and gives notice of the limitations to the risk that the title insurer is willing to insure, there is no cause of action against the Defendant, Abstracts & Titles, Inc., for defects in the property itself," he wrote.
Madison County Circuit Judge William Mudge presides and has set a case management conference for Oct. 26 at 9 a.m.
The Wilsons allege that they were deceived and not informed about water damages and flood risks at the property they purchased from the Shanks via auction in Collinsville.
In their suit filed last year, the Wilsons allege that they have lost out on substantial rent moneys due to the alleged deception.
Alicia Downs represents the plaintiffs.
William Berry represents the Shanks.
H. Carl Runge represents Allan.
Madison County case number 10-L-033.