Home CITIBANK, N.A., as Trustee on Behalf of Bear Stearns ALT-A Trust Pass Through 2007-3 [Note 1] v. SANDRA A. HEYWOOD and THOMAS H. HEYWOOD.

MISC 12-475042

May 20, 2014

Hampshire, ss.



This case came to be heard on the plaintiff’s Motion for Summary Judgment as to the defendants Sandra A. Heywood and Thomas H. Heywood. An Order allowing the plaintiff’s Motion for Summary Judgment [Note 2] has been issued this day. In accordance therewith, it is hereby

ORDERED, ADJUDGED and DECLARED that the mortgage from the defendant Sandra A. Heywood to Mortgage Electronic Registration Systems, Inc. as nominee for Evest Lending, Inc. dated March 19, 2007 and recorded with the Hampshire District Registry of Deeds (Registry) on July 16, 2007 at Book 9200, Page 174 (Mortgage) is hereby reformed and corrected as of the date of recording by inserting on page one, paragraph B of the said Mortgage, after the words “Borrower” is Sandra A. Heywood, the words “and Thomas H. Heywood.” As so reformed, the mortgage shall be deemed to fully encumber the interests in the property known and numbered as 17 Glenwood Avenue, Northampton, Massachusetts (Locus) of both individual defendants, to wit Sandra A. Heywood and Thomas H. Heywood. It is further

ORDERED and ADJUDGED that while this Judgment shall operate nunc pro tunc to the date and time of recording, nothing in this Judgment shall alter, impair, diminish or affect the right, title and interest in the Locus of any party holding a record interest in the said Locus who has not been named as a party to this proceeding. It is further

ORDERED and ADJUDGED that the Memorandum of Lis Pendens endorsed by this court on January 9, 2013 is hereby DISSOLVED. It is further

ORDERED and ADJUDGED upon payment of all costs and fees established by law, this Judgment, or a certified copy of same, may be recorded with the Registry and may be marginally referenced on the Mortgage and on any instrument given and recorded under and subsequent to the said Mortgage.


[Note 1] Hereinafter, the “plaintiff or Citibank”.

[Note 2] The plaintiff requested relief in the alternative. This court elected to provide relief by reforming the Mortgage at issue.