U.S. Bank National Association, as Trustee for Structured Asset Investment Loan Trust, Mortgage Pass-Through…

Summary

The court held that the December 2003 mortgage should be reformed to describe the residence parcel because clear, convincing, and satisfactory evidence established that all parties intended to encumber that parcel, even though they knew the attached legal description was wrong when they signed. It also held that the mortgagee could not be liable for trespass or wantonness based on taking possession, securing, foreclosing on, or attempting to sell the property after default, or based on contractual mortgage-servicing conduct. The judgment was reversed and remanded for reformation and further proceedings consistent with the opinion.