BANK OF NEW YORK v. YONTS

No. SD 31947.

388 S.W.3d 560 (2012)

BANK OF NEW YORK, as Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates Series 2005-17, Plaintiff-Appellant, v. Ernest YONTS, Edith Yonts, LaKeS, L.L.C., David L. Benz, Latasha A. Benz, Joy L. Snow, Debra J. Snow, David Roderick, and Kathy Roderick, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied December 31, 2012.


Attorney(s) appearing for the Case

Michael J. Wambolt , Millsap & Singer, L.L.C., Leawood, KS, for Appellant.

Stuart H. King , Hosmer King & Royce, P.C., Springfield, MO, for Respondents.


GARY W. LYNCH, P.J.

In a three-count amended petition, Bank of New York ("Bank") sought (1) reformation of a deed of trust, (2) rescission of a foreclosure sale under that deed of trust, and (3) a declaratory judgment as to the effect of a tax sale after the foreclosure sale, all arising from an alleged incorrect legal description contained in the deed of trust due to a claimed mutual mistake. Ernest and Edith Yonts, David and Kathy Roderick, and LaKeS, L.L.C., defendants...

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