Case Law Summaries

California – Penalties for Failure to Qualify

CaliforniaDatta v. Fidelity National Title Company, B283800, decided 12/24/18. The California Court of Appeal rejected the plaintiff’s argument that because a foreign corporation was not qualified to do business when it was appointed as nominee in a deed of trust in 2005 the deed was void, as was its assignment of the deed in 2011. The court stated that the failure to qualify does not void transactions. The corporation is permitted to qualify and have its prior transactions be given full effect. And it was undisputed that the corporation was qualified when it assigned its interest in 2011.

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