Deutsche Bank National Trust Co. v. Taperi

We reverse the summary final judgment granted below, which was based on the failure of one of the defendants to sign the applicable mortgage. The bank’s filing of the proper mortgage corrected the clerical error of the attachment of the wrong mortgage to an amended complaint.

Deutsche Bank National Trust Company brought a mortgage foreclosure action against Damasino and Rosalinda Taperi. To its initial complaint, the bank attached a mortgage signed by both Taperis. The Taperis’ motion to dismiss was granted and the bank filed an amended complaint. To the amended complaint, the bank…