FORM 66-1 COMPLAINT FOR REFORMATION OF DEED: MUTUAL MISTAKE

• Jurisdiction: Oregon

Form 66-1 Complaint for Reformation of Deed: Mutual Mistake

IN THE___COURT OF THE STATE OF OREGON FOR THE COUNTY OF___

__________ Plaintiff,

v.

__________ Defendant.

Case No.___

COMPLAINT

(REFORMATION OF DEED)

Plaintiff alleges:

1.

On or about___, 20___, plaintiff and defendant reached agreement for the purchase and sale of real property, located in __________County, Oregon. Defendant retained another parcel to the south of the subject property.

2.

Plaintiff agreed to pay defendant $___ . In return defendant was to give plaintiff a warranty deed to the property.

3.

By mistake of defendant in drafting the deed, the property was erroneously described as set forth in Exhibit 1, which is attached and incorporated by reference.

4.

The description did not include a strip of land approximately 10-feet wide along the southern boundary of the property. A corrected description is set forth in Exhibit 2, which is attached and incorporated by reference. The corrected language is underlined.

5.

At the time of closing, both parties believed the property description in the deed included the additional strip of land. Plaintiff was not grossly negligent because a hedge marked what plaintiff believed to be the southern boundary of the property. The barn is in part located on the additional strip. Defendant assured plaintiff the land on which the barn is situated was included in the sale of the property.

6.

At closing on ___, 20___, defendant executed and delivered the warranty deed to plaintiff. Plaintiff paid $___and signed a note and mortgage for the balance of $___ .

7.

On ___, 20___, plaintiff had the deed recorded at the recorder's office in___County.

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