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Vibert v. Bank of Am. NA

The trial court did not err in granting partial summary judgment to the bank on its claim seeking reformation of a security deed to correct the mistaken omission of a signatory, as the omission contravened the parties' intention and was the result of a mutual mistake.

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This appeal is from a trial court order granting summary judgment to a bank on its claim seeking reformation of a security deed to correct the mistaken omission of a signatory on the deed. The trial court correctly found that there is no genuine issue of material fact: the omission of the signature contravened the parties’ intention and was the result of a mutual mistake. That finding is correct—notwithstanding the evidence that the bank was negligent. We therefore affirm.

“Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant.” Secured Equity Financial v. Washington Mut. Bank, 293 Ga. App. 50 666 SE2d 554 2008 citations omitted.

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