That is interesting.  The mortgage, however, isn't the biggest problem... it's the note.  The note should have been attached to the foreclosure complaint - do we know which entity is on the note?

Most likely, the mortgage can be reformed in the foreclosure case due to mutual mistake (maybe the note as well, not sure).  I don't think this mistake would have much impact on the foreclosure, at least with respect to the borrower and lender.  However, junior creditors may have an argument that they have priority over the defective mortgage.  A bankuprtcy trustee would certainly have a field day with this one.

Best,
Robert A. Franco
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