JPMorgan Chase Bank, National Assn. v. Virgulak

Summary

The court affirmed the denial of reformation because the plaintiff failed to prove by clear and convincing evidence that the defendant and the lender had a prior agreement for her mortgage to secure her husband's note. It also affirmed the denial of foreclosure because the executed mortgage identified a nonexistent debt for which the defendant was not personally responsible. The court treated the intent question as a factual issue reviewed for clear error and the foreclosure determination as an equitable ruling reviewed for abuse of discretion.