Lucas v. Barnett Bank of Lee County

NORTHCUTT, Judge.

Chandler and Shirley Lucas challenge a final summary judgment modifying a legal description in a mortgage, partial release of security agreement, and certificate of title. Barnett Bank of Lee County had previously foreclosed on a mortgage given by the Lucas-es, and had obtained title to the property at a foreclosure sale. The bank brought this new action to reform an erroneous legal description in all the previously-recited documents. We reverse because the trial court had no authority to correct the inaccurate legal descriptions without first canceling the certificate of…