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Foreclosure Law Supreme Court Slip Opinion

by Zigadto, Janet

 

SC20403 - JPMorgan Chase Bank, National Assn. v. Virgulak ("The plaintiff . . . appeals from the judgment of the Appellate Court in favor of the defendant Theresa Virgulak. On appeal, the plaintiff claims that the Appellate Court improperly affirmed the judgment of the trial court because (1) the trial court improperly declined the plaintiff's request to reform a mortgage deed to reference that the mortgage deed executed by the defendant was given to secure a note executed by her husband, Robert J. Virgulak (Robert), and (2) even if the trial court properly denied the request to reform the mortgage deed, it incorrectly determined that the plaintiff was not entitled to foreclose the mortgage executed by the defendant because the defendant was not a borrower on the note. We disagree with the plaintiff and affirm the judgment of the Appellate Court.")