United States Bankruptcy Court. April 22, 1999.
Debtor seeks to avoid a mortgage because of mutual mistake.
First American argues that although the mortgage as currently written does not describe the correct parcel of land, the parties' intent should govern, and the mortgage should be reformed to reflect that intent. From the bench, we denied Debtor's Motion for Summary Judgment and granted First American's Cross-Motion for Summary Judgment. We write to elaborate on our holding. The Mortgage was recorded in the land records of the Town of Jericho, Vermont on December 5, 1996. At the time the Mortgage was recorded, Debtor owned the property formerly known as 415A Skunk Hollow Road.