AMERICA'S WHOLESALE LENDER v. GARY GURINIAN and MAUREEN MERO

This case arose from a purchase money mortgage loan transaction financing the acquisition by defendants Gary J. Gurinian (“Gurinian”) and Maureen Mero (“Mero”), of title to improved residential property (“Property”) known as and numbered 7 Windle Avenue, Grafton, Worcester County, Massachusetts. The Property is more particularly described in a deed executed in September, 2005 and recorded on September 23, 2005 with the Worcester District Registry of Deeds (“Registry”) in Book 37387, Page 158. Although Gurinian and Mero took title to the Property as joint tenants, the purchase money loans were secured by mortgages affecting only Gurinian’s interest in the Property. The plaintiff in its complaint requested, among other things, that the court reform the following two purchase money mortgages so that each might be treated as having encumbered the interests of both Gurinian and Mero in the Property:

(i) a first mortgage (“First Mortgage”) of the Property, securing a note in the original principal amount of $240,000, dated September 23, 2005, and recorded with the Registry in Book 37387, Page 163, granted to Mortgage Electronic Registration Systems, Inc., as nominee for America’s Wholesale Lender, plaintiff in this action; and

(ii) a second mortgage (“Second Mortgage”) of the Property, securing a note in the original principal amount of $60,000, dated September 23, 2005, and recorded with the Registry in Book 37387, Page 178, granted to plaintiff;

This case came on to be tried to the court (Piper, J.) which, in a decision of even date, has made findings of fact and rulings of law. In accordance with that decision, it is

ORDERED and ADJUDGED that the First Mortgage is reformed to name also Mero as a mortgagor, nunc pro tunc to the date and time of recording of the First Mortgage; Mero’s interest in the Property is subjected to the First Mortgage as if she had been named therein, and had executed the First Mortgage, as a co-mortgagor, at the time of the execution and delivery of the First Mortgage. It is further

ORDERED and ADJUDGED that the Second Mortgage is reformed to name also Mero as a mortgagor, nunc pro tunc to the date and time of recording of the Second Mortgage; Mero’s interest in the Property is subjected to the Second Mortgage as if she had been named therein, and had executed the Second Mortgage, as a co-mortgagor, at the time of the execution and delivery of the Second Mortgage. It is further

ORDERED, ADJUDGED, and DECLARED that Gurinian and Mero, by the First Mortgage, as mortgagors granted and conveyed all of their right, title, interest in and to the Property according to the terms set forth in said First Mortgage, as hereby reformed. It is further

ORDERED, ADJUDGED, and DECLARED that Gurinian and Mero, by the Second Mortgage, as mortgagors granted and conveyed all their right, title, interest in and to the Property according to the terms set forth in said Second Mortgage, as hereby reformed. It is further

ORDERED and ADJUDGED that this Judgment does not adjudicate (or otherwise alter or affect) the right, title, or interest of any holders of liens encumbering (or of any other interests in and to) the Property who have not been named as parties in this litigation. It is further

ORDERED and ADJUDGED that no damages, fees, costs, or other amounts are awarded to any party. It is further

ORDERED and ADJUDGED that, upon payment of all fees required by law to be paid therefor, this Judgment, or a certified copy of it, may be recorded in the Registry, and may there be referenced upon the records of the First Mortgage and of the Second Mortgage.

So Ordered.

By the Court (Piper, J.).

Attest:

Deborah J. Patterson

Recorder

Dated: October 12, 2010.