Potential unfair result = inference supporting fact issue about mistake defense

Castrellon sought to enforce a loan modification agreement; the defendants asserted a mutual mistake about Castrellon’s ability to sign the agreement without also obtaining the agreement of her ex-husband. Noting that she could be left empty-handed otherwise, the Fifth Circuit found a fact issue on that defense: “[T]he mere fact that the agreement may ultimately leave [her] empty-handed does not compel the conclusion that there was a mutual mistake . . . . [N]onetheless, it does support an inference that the parties mistakenly believed they could modify the loan agreement without [him] – an inference that we are required to draw at this juncture.” Castrellon v. Ocwen Loan Servicing, No. 17-40193 (Feb. 21, 2018, unpublished).