I agree with Patrick. If the description on the vesting deed does not match the description on the mortgage, the lender can only foreclose on what they have on the mortgage. If this was a mutual mistake, the lender needs to seek reformation of the mortgage to correct it prior to foreclosing.
Patrick gave a good example of why the legal descriptions could be different on the deed and mortgage, here is another we see often:
Owner owns 20 acres and he builds a home on it. Lender requires that home is split off from the 20 acres, so he gets a survey of the 3-acre homesite. Lender uses 3-acre description on the mortgage.
If there is a foreclosure, Lender cannot take 20 acre... only 3.
Best,
Robert A. Franco
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