Troubled Asset Solutions v. Wilcher

Reformation is “an equitable remedy by which a court may revise the written expression of an agreement to conform to the intentions of the parties to it.” A & T Siding, Inc., 358 Or at 42. “There is a strong presumption that a deed expresses what the parties had in mind, and the burden of overcoming the presumption rests on the party seeking reformation.” Murray v. Laugsand, 179 Or App 291, 300, 39 P3d 241 (2002)

Wilcher appealed supplemental judgment awarding attorney fees and costs to TAS. Wilcher assigned error to the trial court’s denial of his claim for quiet title and declaratory relief. On appeal, Wilcher argued that because he was not named as a grantor on the trust deed, the trust deed did not encumber his residential property and because the named grantor did not hold an interest in the property, the nonjudicial foreclosure sale had no legal effect on his interest in the property. In response, TAS argued that the trial court properly reformed the trust deed to add Wilcher as a grantor because the evidence showed that Wilcher intended to sign the trust deed in his personal capacity and to encumber his personal property. Reformation is “an equitable remedy by which a court may revise the written expression of an agreement to conform to the intentions of the parties to it.” A & T Siding, Inc., 358 Or at 42. “There is a strong presumption that a deed expresses what the parties had in mind, and the burden of overcoming the presumption rests on the party seeking reformation.” Murray v. Laugsand, 179 Or App 291, 300, 39 P3d 241 (2002). The Court of Appeals held that all of the pertinent information was available when the deed was drafted, there was no time restraints present and there was no evidence for the court to determine that the mistake was excusable under the circumstances. General judgment reversed and remanded for trial court to enter a judgment consistent with this opin¬ion that declares the parties’ rights; supplemental judgment reversed.