Trustees of C.I. Mortgage Group v. City Housing Corp.

LETTS, Chief Judge.

This case should not have been decided by the entry of a summary judgment. There remain many unresolved material issues of fact. We reverse.

The original mortgages held by the Bank were extended by a mutual written agreement which specified that two additional parcels (3 and 4) would be covered by the mortgages. Allegedly by clerical mistake and inadvertence, the actual descriptions of these two additional parcels were omitted from the appellant’s document actually recorded in the public records. Because of this omission and a stipulation with the Bank that the Bank’s…