Reformation of Instruments

In order to prevail on a claim of reformation generally, the moving party must prove by clear and convincing evidence a preexisting agreement between the parties, a scrivener’s mistake was made in drafting the instrument to be reformed, and the mistake was mutual as between the parties.

Sauerwein Simon P.C.’s experienced team of real estate and title insurance litigators have successfully handled hundreds of claims involving defective vesting deeds and mortgages or deeds of trust due to reasons which include: missing, erroneous or faulty legal descriptions, missing addresses, typographical errors, incorrectly identified parties, missing signatures of necessary parties to the instrument, or the failure to state the marital status of a borrower.

When it has not been possible or practical to resolve the matter through the recording of corrective instruments, our title litigation team has successfully handled suits for reformation of instruments in nearly every county throughout the States of Missouri and Southern and Central Illinois, resulting in clear, marketable title for insured owners and proper lien priority for insured lenders.