Maraziti
Maraziti v. Wilmington Trust, Nat. Assn. CA4/1
Opinion
Opinion
Kelety, J.
I. INTRODUCTION
This appeal arises from foreclosure proceedings initiated by Wilmington Trust, National Association (Wilmington) on a residential property (the Property) deeded, at the time, to The Maraziti Family Trust (the Trust). Wilmington recorded a notice of default and election to sell the Property in late 2016. In early 2017, Jaclyn Preciado, acting as trustee of the Trust, filed a complaint against Wilmington seeking quiet title, among other causes of action. In January 2020, Wilmington filed a motion for judgment on the pleadings in which it asserted the grant deed conveying title to the Trust (the Grant Deed) was void because it conveyed title to the Trust itself and not to Preciado as trustee. Preciado quickly obtained a judgment reforming the Grant Deed to name herself, as trustee of the Trust, as the grantee, and the trial court denied Wilmington’s motion. Shortly thereafter, Gabriela Maraziti substituted in as the successor trustee and filed a supplemental complaint adding factual allegations regarding the reformation. Wilmington filed a second motion for judgment on the pleadings, in which it argued the new allegations did not relate back to the…