JPMorgan Chase Bank, National Assn. v. Virgulak

Summary

The court affirmed the judgment denying reformation of the defendant’s mortgage deed because the plaintiff did not prove by clear and convincing evidence that the parties intended the deed to secure her husband’s note. It also held that foreclosure was unavailable because the defendant did not sign the note, and the mortgage as executed referenced no enforceable debt for which she was responsible. The court applied clear-error review to the factual intent determination and abuse-of-discretion review to the foreclosure decision.