Title Could Not Be Reformed Under Doctrine of Mutual Mistake to Add Debtor to Title and Prevent Foreclosure
In re Cheeks, 2019 Bankr. LEXIS 2530 (Judge Kenney) The Debtor, Ms. Cheeks, intended to be added to the title to the property. However, the Cheeks did not complete a condition precedent to that addition at the time they bought the home and, therefore, only Mr. Cheeks was on the property title. The property of up for foreclosure and, Mr. Cheeks was under the mistaken belief that he was not able to file foreclosure again. However, believing Ms. Cheeks to be on the title, she filed to prevent the foreclosure sale. The foreclosing trustee moved forward after the bankruptcy filing