Falk

Elynor Rudnick Falk did not mean to sell all 10 acres of her Bakersfield property to the Ashjians. She intended to keep 1.65 acres for herself. Because of an alleged error by the title company, however, not only the grant deed, but also the buyer’s deed of trust described all 10 acres.

Soon after these deeds were executed, Falk attempted to have the 1.65-acre portion reconveyed to her and the encumbrance removed from it. These attempts indicate that the original parties — Falk, the seller, the Ashjians, the purchasers, and Mt. Whitney, holder of the deed of trust — agreed that a mistake had been made and that Falk should own the 1.65 acres without the Mt. Whitney encumbrance. A key document is the notarized request for partial reconveyance which Mt. Whitney sent to the title company, but which was never recorded.

Falk’s reconveyance attempts did not prevent the entire 10 acres from being foreclosed. They also did not persuade the district court to reform the resulting trustee’s deed *349 or to apply the doctrine of inverse condemnation so as to defeat the Federal Deposit Insurance Corporation’s claim to the 1.65-acre parcel. Being unpersuaded, the district court entered summary…