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Central Mortg. Co. v. Humphrey

The trial court did not err in denying the plaintiff's petition to reform the property description in a deed, as the evidence supported a finding that the defendants failed to reach a meeting of the minds with regard to the actual land and improvements to be conveyed.

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This case arises from an action filed by Central Mortgage Company “Central” against, inter alia, Susan Humphrey a/k/a Susan D. Humphrey and David Elder,1 asking the trial court for reformation of a deed, a declaratory judgment, or equitable reformation, relating to the conveyance of 1961 Luke Edwards Road, Dacula, Georgia, “the property” from Humphrey to Elder. Of the $1.4 million purchase price, Central loaned $980,000 to Elder in exchange for a deed to secure debt. The trial court entered judgment in favor of Humphrey, finding that there was no meeting of the minds between Humphrey and Elder as to the portion of land being conveyed, and therefore, the court declined to reform the property description. The trial court also refused to rescind the contract or direct Humphrey to repay the purchase price to Central or Elder or to grant them an equitable lien against the property.

Central appeals, arguing that the trial court erred by failing to 1 reform the property description in the deed; 2 order complete rescission of the sales contract after finding that no agreement existed; 3 award Central and Elder equitable liens equal to the consideration received by Humphrey from those parties as part of the 2003 sales transaction; or 4 pursuant to OCGA § 9-4-2, declare a new legal description of the property conveyed to Central and Elder. For the reasons that follow, we affirm.

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