Plaintiffs filed their "Complaint For Declaratory Relief and to Quiet Title" on May 31, 2011, with respect to two mortgages granted in 2007 by Defendant Luann R. Rimbold on property at 176 Fieldston Street, Springfield, Massachusetts (the "Property") in connection with Defendants' acquisition of the Property as joint tenants with rights of survivorship. In Count I, Plaintiffs seek reformation of the subject mortgages to include Defendant Ivan G. Beaulieu's interest in the property by naming him as a borrower. In Count II, Plaintiffs request declarations that Plaintiff America's Wholesale Lender holds a valid first mortgage on the Property, and that Plaintiff Countrywide Home Loans, Inc. holds a valid second mortgage on said Property. Count III of the Complaint repeats all previous allegations and states merely that Plaintiffs seek to "quiet title" to the Property.
A one-hour trial was conducted on July 15, 2015. The pro se Defendants filed their "Joint Post Trial Brief" on September 11, 2015. Plaintiffs made no post-trial filings. On September 11, 2015, the court took the matter under advisement.
By Decision issued November 3, 2016, as set forth more fully therein, this court dismissed Counts I and III of Plaintiffs' Complaint and, on Count II, determined that Plaintiffs' were entitled only to a declaration that the subject mortgages encumber Luann R. Rimbold's undivided interest in the Property, subject to Ivan G. Beaulieu's right of survivorship. Accordingly, it is hereby
ORDERED, ADJUDGED, and DECLARED that, whereas Plaintiffs failed to present sufficient evidence of a mutual mistake made by all the parties as to the omission of Ivan G. Beaulieu as a borrower on the subject mortgages, Counts I and III of the Complaint are hereby DISMISSED; it is further
ORDERED, ADJUDGED, and DECLARED that the two subject mortgages recorded at the Hampden County Registry of Deeds in Book 16583, Page 43, and Book 16585, Page 56, encumber Luann R. Rimbold's undivided interest in the Property, subject to Ivan G. Beaulieu's right of survivorship.