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https://www.avvo.com/legal-answers/how-do-i-defend-a-reformation-of-mortagage--this-w-114351.html
A foreclosure complaint with a lost note count and a reformation of mortgage count will often allow several defenses to be argued under Florida law, because each of those counts mean that the plaintiff likely does not have proper and/or original loan documents.
https://commercialforeclosureblog.typepad.com/indiana_commercial_forecl/2014/12/reformation-how-a-mortgage-with-an-erroneous-legal-description-can-be-foreclosed.html
Dec 29, 2014 · Reformation: How A Mortgage With An Erroneous Legal Description Can Be Foreclosed December 29, 2014 Lenders and their foreclosure counsel might be faced with a mortgage with a legal description of the subject real estate that is erroneous.
https://ff-attorneys.com/2016/06/20/pleading-proving-reformation-case/
Jun 20, 2016 · Bridget M. Friedman had an article on pleading and proving a reformation case selected to be published in the Summer 2016 issue of ActionLine (Vol. XXXVII, No. 4), a publication of The Real Property Probate and Trust Law Section of the Florida Bar.. In preparing a complaint to reform a mortgage or deed, certain allegations are essential.
https://www.floridabar.org/the-florida-bar-journal/more-than-you-wanted-to-know-about-the-doctrine-of-reformation/
Oct 09, 2004 · Now, when it is time to draft a complaint, it should be remembered that older decisions often discuss the specific (somewhat antiquated) pleading requirements for setting forth a cause of action. 12 Pleading is now more liberal with the ability to amend even after a loss. 13 Further, it is now clear that reformation can be raised defensively ...
http://www.kinseylaw.com/attyserv/civil/complaints/reformation.html
Plaintiff__ will amend this complaint to allege their true names and capacities when ascertained. Plaintiff__ is__ informed and believes__ and thereon alleges__ that, at all times herein mentioned, each of the defendants sued herein was the agent and employee of each of the remaining defendants and was at all times acting within the purpose and ...
https://legal-dictionary.thefreedictionary.com/Reformation
Reformation A remedy utilized by the courts to correct a written instrument so that it conforms to the Original Intent of the parties to such an instrument. Legal documents, such as contracts, deeds, mortgages, and trusts, are all proper subjects for reformation. Since the original intent of the parties must control, however, a totally new agreement ...
http://www.mortgage-investments.com/wp/wp-content/uploads/Sample%20Forms%20Downloads/2_mortgage-foreclosure-complaint.docx
This is a sample of an actual mortgage complaint. Note there was a second and third mortgage on this property and the first mortgage holder is foreclosing their interest too. Also note the many variations used for the name of the borrower. We do not recommend investing in second mortgages for this reason. ... Mortgage Foreclosure Complaint
https://caselaw.findlaw.com/ct-superior-court/1544576.html
Count Two of the Complaint seeks reformation of the Mortgage Deed which reflects the subject property address as “35 Sullivan Farm Road, Broad Brook, Connecticut.” The defendant has not made payments due under the note for February 1, 2008 and each and every month thereafter and is in default under the terms of the Note and Mortgage.
https://www.letters.org/complaint-letter/complaint-to-reform-deed-of-trust.html
Sep 17, 2018 · Deed of trust represents an official document that contains the agreement between a lender and a borrower. It is done to transfer an interest in the borrower’s land to a neutral third party, to secure the payment of a debt by the borrower. It is used in some countries as a substitute for a mortgage but it differs from a mortgage, it consists of three people while in the case of a lease, two ...
https://www.in.gov/judiciary/opinions/pdf/09191303ehf.pdf
In this mortgage foreclosure action, Beneficial Financial I, Inc. (Beneficial), successor in interest to Beneficial Mortgage Company of Indiana, appeals an order of the trial court dismissing its amended complaint, pursuant to Indiana Trial Rule 12(B)(6), against, among others, Sharon J. Hatton.
https://appellategourmetappealsinflorida.blogspot.com/2013/06/fraudulent-inducement-garnishment.html
Fraudulent inducement, garnishment, reformation of mortgage, and rosemary-sage sausage with heirloom tomatoes and fresh angel hair pastaAuthor: Law Lady
https://legislature.vermont.gov/statutes/fullchapter/27/005
When it appears from the record of a mortgage on real estate that such mortgage is undischarged, and the mortgagee named therein, or the assignee of such mortgage, is a private corporation whose charter has expired by its own limitation, or has been dissolved by operation of law, forfeiture, or for any other reason, a complaint may be brought ...
http://www.theorlandoforeclosure.attorney/adding-affirmative-defenses-when-responding-to-a-foreclosure-summons.html
Adding Affirmative Defenses When Responding to a Foreclosure Summons ... Neither the exhibits attached to Plaintiff’s Complaint nor the allegations of the Complaint are sufficient to demonstrate standing. The Plaintiff does not prove that it owns, holds, or has the right to enforce the mortgage. What we are saying: Kumar Corp. v Nopal Lines ...
https://jklawfl.com/improper-foreclosure-wrong-legal/
Jan 29, 2015 · The motion was filed pursuant to Florida Rule of Civil Procedure 1.540(b)(1), alleging that, “due to an inadvertent mistake,” the legal description of the property in the mortgage was incorrect, and therefore, the bank needed to amend the complaint to add a reformation count.
https://caselaw.findlaw.com/oh-court-of-appeals/1606668.html
{¶ 2} On May 7, 2009, Fifth Third filed a “complaint for foreclosure, monetary judgment in reformation and relief” against Brown. 1 Fifth Third alleged that it was the holder of a promissory note and mortgage securing the note on which Brown had defaulted. Fifth Third sought a monetary judgment on the promissory note in the sum of $65,713 ...
https://www.uslegalforms.com/us/US-0742LTR.htm
USLegal has been awarded the TopTenREVIEWS Gold Award 9 years in a row as the most comprehensive and helpful online legal forms services on the market today. TopTenReviews wrote "there is such an extensive range of documents covering so many topics that it is unlikely you would need to look anywhere else".
https://palawblog.stark-stark.com/2015/02/articles/real-estate/mortgage-reformation-in-pennsylvania/
A mortgage reformation action, simply, seeks to make right what went wrong with a mortgage that is defective for some reason. The most common defect is a missing signatory/mortgagor, but other scenarios, such as a missing or incorrect metes and bounds legal description of the mortgaged real estate, can also form the basis for a mortgage ...
https://styronblog.com/2010/03/11/reformation-or-when-may-a-court-change-a-deed/
Mar 11, 2010 · Reformation, or when may a court change a deed? Posted on March 11, 2010 by Harry Styron. When Rocky Lawrence saw the rig move onto his property to drill a gas well, he checked his deed. Sure enough, nothing on the deed indicated that the …
https://www.lexology.com/library/detail.aspx?g=7e33ff2d-2cf5-41b8-95df-c545ec9b57fa
Jan 28, 2015 · Second, if the property described in the mortgage and final judgment does exist, and if there is an owner of the property other than the homeowner named …
https://www.lexology.com/library/detail.aspx?g=5c7d53c7-13cf-454c-8299-83d2fb7577df
Dec 08, 2015 · U.S. Bank N. A. v. Shepherd, No. 1140376 (Ala. Nov. 20, 2015) (holding that reformation of mortgage and foreclosure deed is permissible when both parties executed a mortgage despite awareness that ...Author: Clayton Garrett
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