This action was filed on by Bank of New York Mellon, as Trustee for the Certificateholders of CWABS, Inc. Asset-Backed Certificates, Series 2005-16 on April 26, 2010, seeking reformation of a first mortgage it currently holds. Reformation was sought to insert as a mortgagor the name of Defendant Wayne Boudreau, holder of a 75% interest in the property.
The matter came to be heard upon Plaintiffs motion for summary judgment on January 25, 2011. At the argument, Plaintiff was represented by Meredith Swisher, Esquire. Defendants Edward Halfkenney and Wayne Boudreau both appeared pro se. Defendant Mortgage Electronic Registration Systems, Inc. has not appeared in this action. Based upon the summary judgment record, the Court entered an order today granting Plaintiffs motion. Accordingly it is
ADJUDGED and ORDERED that the mortgage given by Edward Halfkenney to Mortgage Electronic Registration Systems, Inc., as nominee for Americas Wholesale Lender, dated October 21, 2005, recorded at Essex North Registry of Deeds in Book 9838, Page 64, and currently held by Bank of New York Mellon, as Trustee for the Certificateholders CWABS, Inc., Asset Backed Certificates, Series 2005-16, by assignment dated January 19, 2010, and recorded in Book 11925, Page 211, is hereby reformed nunc pro tunc, to add Wayne Boudreau as a Mortgagor. This reformation is subject to any rights of bona fide third parties. A second mortgage given by Edward Halfkenney to Americas Wholesale Lender, dated October 21, 2005, recorded at Essex North Registry of Deeds in Book 9838, Page 80, and currently held by Mortgage Electronic Registration Systems, Inc. by assignment dated November 7, 2005, and recorded in Book 10610, Page 21, is subject to the first mortgage, as reformed. It is further
ADJUDGED and ORDERED that said first mortgage, as reformed, be deemed to grant mortgage covenants with both Edward Halfkenney and Wayne Boudreau as Mortgagors, pursuant to said mortgage covering the property known ans and numbered 23 Lenox Circle in Lawrence, Essex County, Massachusetts.
By the Court. (Trombly, J.)
Deborah J. Patterson
Dated: February 14, 2011