The applicant title insurance company sought an order to rectify title due to an error in a 2016 mortgage where the wrong institution was named as mortgagee.
The borrower had subsequently transferred the property to himself and his spouse, and later passed away.
The court found a compelling case for an equitable mortgage but declined to order rectification without hearing from others who may have acquired an interest in the land.
The court authorized the registration of a Certificate of Pending Litigation (CPL).
