The lender’s complaint sought to foreclosure the mortgage and to reform the deed’s legal description. The court also surmised that the mortgage has the correct legal description because the mortgage was created by the lender. The deed likely was created by copying the legal description from the title commitment which was created before the declaration of condominium was recorded. The mortgage contained the proper legal description, including the recording book and page numbers missing from the deed, and including the same street address. The same date Dori obtain the deed, he executed the mortgage for unit which is the subject of the foreclosure action. This Commitment will be endorsed at the time of the recordation of the Declaration of Condominium to complete the legal description. Unit 918, Mirador 1200, a Condominium, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof, as recorded in Official Records Book, Page, of the Public Records of Miami-Dade County. The legal description in the deed to Dori stated as a legal description: The deed would make a title underwriter cry. Dori and a mortgage from him to the lender. Two instruments were involved a deed to Mr. The trial court dismissed the lender’s mortgage foreclosure action and reformation action. Whether a mortgage with a correct legal description can be foreclosed if the deed to the mortgagor/borrower contained a defective legal description was at issue and Heartwood II. New Decision: Validity of Amended Covenants (Van Loan v.
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