Bank of New York v. Yonts

In a three-count amended petition, Bank of New York (“Bank”) sought (1) reformation of a deed of trust, (2) rescission of a foreclosure sale under that deed of trust, and (3) a declaratory judgment as to the effect of a tax sale after the foreclosure sale, all arising from an alleged incorrect legal description contained in the deed of trust due to a claimed mutual mistake. Ernest and Edith Yonts, David and Kathy Roderick, and LaKeS, L.L.C., defendants in the underlying action, moved for judgment on the pleadings pursuant to Rule 55.27(b), claiming that Bank’s petition was “fatally flawed” in…