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Bank of Am. v. Cuneo

There was some evidence of a mutual mistake in the joint tenant's failure to convey her undivided one-half interest in the real property when the mortgage debt was refinanced, and the bank was entitled to an equitable reformation of the security deeds to add the joint tenant's name.

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In 2003, Bank of America’s predecessors refinanced the mortgages on a real property owned by Mark and Traceylynn Cuneo as joint tenants with rights of survivorship, but issued the promissory notes to and obtained deeds to secure debt only from Mr. Cuneo.1 In 2012, Bank of America “BOA” or “the Bank” sued the Cuneos, seeking an equitable reformation of the security deeds to add Mrs. Cuneo’s name, contending that her failure to convey her undivided one-half interest in the property when the mortgage debt was refinanced was a mutual mistake contrary to the parties’ intentions. The bank moved for summary judgment. Mrs. Cuneo denied that she intended to borrow the money, and the trial court denied the bank’s motion, sua sponte granting summary judgment to the Cuneos instead. The bank appeals, and for the reasons that follow, we reverse.

“On appeal from the grant of summary judgment, the appellate court conducts a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Citation and punctuation omitted. Cartersville Ranch, LLC v. Dellinger, 295 Ga. 195 758 SE2d 781 2014.

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