Norwest Bank Minnesota, N.A. v. Ode

OPINION

EDWARD J. PARKER, Judge. *

■ Appellants challenge the district court décision granting respondent summary judgment and a decree of foreclosure on a mortgage, contending reformation was not appropriate under the circumstances. We reverse and remand.

FACTS

The owner of the property at issue is the Esther Ode Inter Vivos Trust dated February 12, 1982. The trustee during the relevant time was Paul Ode, and the beneficiaries are appellants Jeanine Ode and Michelle Ode, Esther Ode’s granddaughters and Paul Ode’s daughters.

In 1995, the trustee obtained a mortgage on the trust property; it…