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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 · So, in addition to filing the standard foreclosure complaint, counsel added a cause of action for “reformation.” The borrower filed a motion to dismiss, arguing that the mortgage was ineffective “due to the error in the legal description.”
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://www.justanswer.com/real-estate-law/43wde-receive-complaint-forclosure-reformation-filed.html
Oct 15, 2010 · The only court paper we have received was the first one intitled "complaint in foreclosure with reformation" and the certified letter we just got "judgment entry filed oct 19th" thanks for everything Real Estate Lawyer: Jack R. , Lawyer replied 9 years ago
https://snsblaw.com/reoccurring-affirmative-defense-reformation-barred-by-sol-5-2016/
May 01, 2016 · Foreclosure defense counsels are beginning to challenge reformation counts in foreclosure complaints with increased frequency. When a legal description error appears on the face of the mortgage, the correct course of action is to reform the mortgage to reflect the parties’ true intentions as to the intended encumbered property.
http://flcrelitblog.shutts.com/2016/04/reforeclosure-the-good-the-bad-and-the-ugly/
Apr 25, 2016 · The re-foreclosure can be accomplished by a motion to compel re-foreclosure, or if the foreclosure action is already closed, by a separate suit. Therein, the complaint names only the omitted lienor as a defendant. It alleges that the lien is inferior to the foreclosed mortgage,...
https://www.avvo.com/legal-answers/what-does--filing-an-action-for-reformation-of-the-1234494.html
May 09, 2013 · What does "Filing an action for reformation of the deed of trust and lease" mean??? House in foreclosure status. More. Lien Foreclosure Real estate Deed of trust. Show 1 more Show 1 less . Ask a lawyer - it's free! Browse related questions. 2 attorney answers. Alan James Brinkmeier.
https://www.montgomerylittle.com/pdf/2012JUDICIALFORECLOSUREACTIONS.pdf
complaint. A sample is attached. Claims for relief other than foreclosure may be included in one complaint. These may include a claim for judgment on the promissory note that is secured by the lien being foreclosed; a claim for reformation of either the note or …
http://www.theorlandoforeclosure.attorney/adding-affirmative-defenses-when-responding-to-a-foreclosure-summons.html
After you answer each numbered allegation you will have the option to use case law, previous court rulings, and local statues to point out flaws in their foreclosure summons. Here we reference a previously ruled case to enforce our claim: Kumar Corp. v …
https://legal-dictionary.thefreedictionary.com/Reformation
reformation. n. the correction or change of an existing document by court order upon petition of one of the parties to the document. Reformation will be ordered if there is proof that the parties did not intend the language as written or there was an omission due to mistake or misunderstanding.
https://www.njcourts.gov/forms/11380_foreclosure_ans_prose.pdf
Revised 08/2016, CN 11380 - How to File an Answer to a Foreclosure Complaint page 4 of 14 . Definitions of Words Used in This Packet (continued) Counter-Claim - A . counter-claim. is a claim that is made by a defendant against the plaintiff in the same action. Cross-Claim - A .
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. Note there was a second and third mortgage on this property and the first mortgage holder is foreclosing their interest too.
http://sherwinlawfirm.com/what-is-a-deed-reformation
A deed reformation asks the court to “fix” the deed but issuing a court order declaring what the change to the deed should be. Grounds for a deed reformation generally require proof of a mutual mistake (where both parties erred in the drafting of the deed), fraud, accident, illegality, or unjust enrichment.
https://fraudstoppers.org/22-affirmative-defenses/
FRAUD STOPPERS turnkey Quiet Title Lawsuit package or Wrongful Foreclosure Lawsuit package includes a court ready complaint (petition for damages), Bloomberg Securitization Audit, Expert Witness Affidavit, Application for Temporary Restraining Order (to stop a foreclosure sale or stop an eviction), Lis Pendens (to cloud the marketability of the title to the real property), and Pro Se legal education …
https://www.sapling.com/8589957/rem-action-foreclose-mean
In rem creates limitations on foreclosure. If an action is in rem then the court can only make a decision regarding property that falls under its authority. A court in one state cannot order a foreclosure against a property in another state, in other words. Only a local court in the state in which a property is located can create a foreclosure.
https://tcms.njsba.com/personifyebusiness/public_web_prod/TOCS/s304.15toc.pdf
Foreclosure Case Information Statement (FCIS) 165 Sample of More Complicated Foreclosure Complaint 166 Count in Complaint for Reformation 173 Optional Paragraph Forms for Various Subsequent Allegations 174 Unknown Owner/Unknown Claimant Allegation in Complaint 178 Rule 1:5-1 et seq.180 Cover Letter re: Notice of Lis Pendens 181
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
The magistrate found in favor of Fifth Third on Count 1 of the complaint and awarded a monetary judgment. However, the magistrate found in Brown's favor on the reformation and foreclosure claims. The magistrate found that Fifth Third did not pursue the reformation claim at …
https://www.lexology.com/library/detail.aspx?g=7e33ff2d-2cf5-41b8-95df-c545ec9b57fa
Jan 28, 2015 · Subsequently, the bank filed a foreclosure complaint. In December 2009, a final summary judgment of foreclosure was entered using the incorrect legal description.
https://www.defaultattorneygroup.org/single-post/2018/10/05/Curative-Practices-in-Indiana-Foreclosure-and-the-Indiana-Declaratory-Judgment-Act
Foreclosure complaints get dismissed for any number of reasons. If, amid a foreclosure, the foreclosure is dismissed, and the note and mortgage is reinstated, any attempt at reformation of the legal description would be dismissed and abandoned as well. The same deficient legal description would remain in force.
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