BANK OF NEW YORK MELLON AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-12 vs. WAYNE M. ROBINSON and RAMONA A. ROBINSON

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 today’s 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 Plaintiff’s Motion for Summary Judgment is ALLOWED and Ramona’s Cross-Motion for Summary Judgment is DENIED.

By the court. (Sands, J.)