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Myrad Properties, Inc. v. Lasalle Bank National Association

In this foreclosure dispute, the court considered whether a correction deed may convey two properties when an unambiguous deed mistakenly conveyed only one. Because the particular correction deed at issue exceeds the narrow permissible scope of a correction deed, the correction deed was void and only one property was conveyed. A correction deed may not be used to correct a mistake of omitting an entire second property. Texas Supreme Court, No. 08-0444, 12-18-2009

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Argued March 31, 2009

JUSTICE GREEN

In this foreclosure dispute, we must decide whether a correction deed may convey two properties when an unambiguous deed mistakenly conveyed only one. Because the particular correction deed at issue exceeds the narrow permissible scope of a correction deed, we hold that the correction deed was void and only one property was conveyed. We therefore reverse the judgment of the court of appeals. We then decide whether to rescind the mistaken deed because under the unique circumstances of this case, where the issue of rescission reaches us on cross-motions for summary judgment without factual dispute, we need not remand for further proceedings. Instead, we render judgment and order rescission of the mistaken deed.

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