Plaintiff filed its Verified Complaint To Remove Cloud on Title on April 28, 2010, pursuant to the provisions of G. L. c. 240, § 6 and G. L. c. 231A, attempting to reform a mortgage (Mortgage 2) granted by Defendant Wayne M. Robinson (Wayne) on property located at 7 Mount Vernon Street, North Reading, MA (Locus) which Defendant Ramona A. Robinson (Ramona) (together with Wayne, Defendants) did not execute. A case management conference was held on May 28, 2010. Plaintiff filed its Motion for Summary Judgment on September 17, 2010, together with supporting memorandum and Affidavit of Richard Fendley. On November 15, 2010, Ramona filed her Opposition and Cross-Motion, together with supporting memorandum and Statement of Material Facts. A hearing was held on the two motions on January 20, 2011, and the matter was taken under advisement. [Note 1] A decision of todays date has been issued.
In accordance with that decision it is:
ORDERED and ADJUDGED that Ramona would be unjustly enriched if her interest in Locus remained unencumbered.
ORDERED and ADJUDGED that a mutual mistake occurred between Plaintiff and Ramona that warrants reforming Mortgage 2 to encumber her interest in Locus.
ORDERED and ADJUDGED that Plaintiffs Motion for Summary Judgment is ALLOWED and Ramonas Cross-Motion for Summary Judgment is DENIED.
By the court. (Sands, J.)
[Note 1] Wayne appeared pro se at the case management conference and at two status conferences, but he did not participate in the hearing on the summary judgment motion and filed no documents relative to same.