Appellate Court Reforms Deed due to a Mutual Mistake of Fact

Posted by Kevin Kavanaugh | Jun 27, 2018 | 0 Comments

In a recent Michigan Court of Appeals decision, the court reformed a deed that granted two additional parcels of land that were never contemplated in the parties agreement. In the case, a lender foreclosed on its mortgage covering parcel A, and then proceeded to sell the property with a legal description which covered not only parcel A, but also two adjacent lots. When the owner of the adjacent lots realized the "mistake" she brought an action to reform the selling deed. The court stated the rule that under equitable principles, Michigan Court's have long had the power to reform an instrument that does not express the true intent of the parties as a result of a mistake. When a document fails to effectuate the intent of the parties, reformation will be permitted. The case is Zara v. Wells Fargo, Case No. 337380, for additional information or to discuss your legal needs, please contact our firm. 

About the Author

Kevin Kavanaugh

I earned a Bachelor of Arts from the University of Illinois. While in college, I studied as a Chick Evans Scholar and earned Deans List distinction multiple times. I earned my Juris Doctor degree from The John Marshall Law School in Chicago. While in law school, I studied as a Deans Scholar and...

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