This case, commenced in the Superior Court Department of the Trial Court and then transferred to this court November 4, 2008, came on for trial on April 9, 2012. The court (Piper, J.) has this day issued a Decision setting forth its findings of fact and rulings of law. In accordance with the courts Decision of even date; the Order Granting Plaintiffs Motion For Partial Summary Judgment, issued April 25, 2011; and the August 24, 2011 Order Granting In Part Motion for Reconsideration, it is
ORDERED, ADJUDGED, and DECLARED that the confirmatory deed (Confirmatory Deed) from Denise David a/k/a Denise Bruce (Bruce), recorded at the Plymouth County Registry of Deeds (Registry) at Book 28249, Page 314, which deed purports to convey the property known as 56 Parkview Drive, Hingham, Plymouth County, Massachusetts (Property), contains a scriveners error, in that the Confirmatory Deed, through error and mutual mistake of the parties to the Confirmatory Deed, contains an incorrect legal description of the Property, incorrectly describing the Property as being lot number 21 on a plan of R.N. Linke, C.E., dated August 26, 1947 and recorded with the Registry at Plan Book 7, Page 502 (Linke Plan), when in fact, the Property intended to be by the Confirmatory Deed conveyed is lot number 212 on the Linke Plan. It is further
ORDERED, ADJUDGED, and DECLARED that, to effectuate the intent of the parties, the Confirmatory Deed be and hereby is reformed, nunc pro tunc to the date and time of its recording, by striking the reference to lot number 21 and replacing it with the correct lot number, being 212. It is further
ORDERED, ADJUDGED, and DECLARED that the mortgage (Countrywide Mortgage) given by defendant Bruce to SLM Financial Corporation, now held by plaintiff Countrywide Home Loans, Inc., dated April 30, 2004, recorded with the Registry at Book 28137, Page 245, which Countrywide Mortgage is of the Property known as 56 Parkview Drive, Hingham, Plymouth County, Massachusetts, contains a scriveners error, in that the Countrywide Mortgage, through error and mutual mistake of the parties to the Countrywide Mortgage, contains an incorrect legal description of the Property in the Exhibit A attached to the mortgage, despite the intentions of all parties that the Property be by the Countrywide Mortgage conveyed to the mortgagee in mortgage with mortgage covenants, and be encumbered by and subject to the Countrywide Mortgage. It is further
ORDERED, ADJUDGED, and DECLARED that, to effectuate the intent of the parties, the Countrywide Mortgage be and hereby is reformed, nunc pro tunc to the date and time of its recording, by striking the property description in the Exhibit A attached to the Countrywide Mortgage, and replacing it with the Exhibit A attached to this Judgment. It is further
ORDERED, ADJUDGED, and DECLARED that the Countrywide Mortgage, as so reformed, constitutes a valid mortgage of the Property according to the terms and covenants set forth in the Countrywide Mortgage. It is further
ORDERED, ADJUDGED, and DECLARED that the discharge of mortgage recorded at the Registry on September 2, 2005, at Book 31275, Page 337, purporting to discharge the Countrywide Mortgage is fraudulent and therefore void; the Countrywide Mortgage, as reformed by this Judgment, remains outstanding of record. It is further
ORDERED, ADJUDGED, and DECLARED that the discharge of mortgage recorded October 17, 2003 at the Registry at Book 26819, Page 329, purporting to discharge the mortgage (Curley Mortgage) given by Andrew Curley to Mortgage Electronic Registration Systems, Inc. as Nominee for Fremont Investment and Loan (MERS / Fremont), which Curley Mortgage recorded at Book 24977, Page 141, is fraudulent and therefore void. It is further
ORDERED, ADJUDGED, and DECLARED that the discharge of mortgage recorded at the Registry on September 1, 2005, at Book 31268, Page 252, purporting to discharge the mortgage (Bruce Mortgage) dated December 22, 2003 and recorded with the Registry at Book 27309, Page 53 is fraudulent and therefore void; the Bruce Mortgage remains outstanding of record. It is further
ORDERED, ADJUDGED, and DECLARED that the discharge of mortgage recorded at the Registry on April 19, 2006 at Book 32536, Page 75, purporting to discharge the mortgage (Deutsche Bank Mortgage), which mortgage was recorded at the Registry on September 13, 2005 at Book 31327, Page 70, is fraudulent and therefore void; the Deutsche Bank Mortgage remains outstanding of record. It is further
ORDERED, ADJUDGED, and DECLARED that Countrywide is not entitled to restitution from MERS / Fremont of the funds advanced by Countrywide, secured by the Countrywide Mortgage, and used by MERS / Fremont to satisfy the debt purported to be secured by the Curley Mortgage; nor is Countrywide entitled to be equitably subrogated to the Curley Mortgage. It is further
ORDERED, ADJUDGED, and DECLARED that nothing in this Judgment shall extend to, alter, impair, diminish, or affect the right, title and interest in the Property of any party holding a record interest in the Property other than the plaintiff and the defendants named and served in this proceeding in this court. It is further
ORDERED that, upon payment of all fees established by law, this Judgment, or a certified copy of it, may be recorded in the Registry, and there may be referenced marginally on the records of all instruments affected by this Judgment.
By the Court. (Piper, J.)
COUNTRYWIDE HOME LOANS, INC. v. DENISE BRUCE A/K/A DENISE DAVID; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as Nominee for HOMECOMINGS FINANCIAL, LLC, Successor-in-interest to MORTGAGE ELECTRONIC