jose acosta wrote:
Hi. Thank you for your constant enlightments, I really appreciate it.
If a person ordered an Investigation related to the whole process, and that
Investigation revealed title problems: a cloud in the Title, ans is Unmarketable for a variety of reasons (robo-signer, etc).,
OK, first understand this isn't legal advice but a "person" can't "order an investigation" into anything. You can hire an auditor and obtain their analysis of your loan documents but that is not an "investigation," it's simply a professional or "expert's" opinion. You could also order (and pay for) an Abstract of Title but that may or may not uncover anything that isn't in the public record.
You can use those as the basis to file suit under some theory of damages then engage in the discovery process to obtain evidence.
On an insured title, any challenge to the validity of it would ordinarily be defended by the insurer so how that would "block" a summary judgment is at best, questionable.