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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 · Both the lender and the borrower agreed that the original mortgage identified a parcel of property that neither party intended to mortgage. So, in addition to filing the standard foreclosure complaint, counsel added a cause of action for “reformation.”
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.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 ...
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.
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 ...
https://www.consumerfinance.gov/complaint/
Mortgage Performance Trends ... We have answers to frequently asked questions and can help you connect with companies if you have a complaint. Submit a complaint. ... We're the Consumer Financial Protection Bureau (CFPB), a U.S. government agency that makes sure banks, lenders, and other financial companies treat you fairly. ...
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.
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.
https://www.letters.org/complaint-letter/complaint-to-reform-deed-of-trust.html
Sep 17, 2018 · Reformation of the Deed of Trust means to make changes in the document of Deed of Trust; the reformation is not a remedy to correct all the minor errors, such as typing errors, rather it is granted where there is a mutual mistake that on the whole affects the parties rights and obligations.
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 ...
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://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://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
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&SeqStart=107100000&SeqEnd=115800000
A complaint to foreclose a mortgage filed before July 1, 1987, and all proceedings and third party actions in connection therewith, shall be adjudicated pursuant to the Illinois statutes and applicable law in effect immediately prior to July 1, 1987. Such statutes shall remain in effect with respect to such complaint, proceedings and third ...
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://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
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://law.justia.com/cases/illinois/court-of-appeals-second-appellate-district/2016/2-15-0286.html
CitiMortgage, Inc v. Parille - 2016 IL App (2d) 150286. 2016 IL App (2d) 150286 No. 2-15-0286 Opinion filed January 22, 2016 _____ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT _____ CITIMORTGAGE, INC., Assignee of Mortgage Electronic Registration Systems, Inc., as Nominee for Lehman Brothers Bank, FSB, ) Appeal from the Circuit Court ) of Du Page County.
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