This action commenced on December 22, 2011, seeking reformation of a mortgage, declaratory relief, and quiet title relief. The case came on for trial by the court (Speicher, J.). In a decision of even date, the court has made findings of fact and rulings of law. In accordance with the courts decision, it is
ORDERED and ADJUDGED on Count I, seeking reformation of a mortgage affecting title to property at 33 Fiske Street, Southbridge, Worcester County, Massachusetts (Property), from Khambao Savankham Kennedy to BSM Financial, L.P. (Lender) and Mortgage Electronic Registration Systems, Inc., as nominee for Lender, recorded with the Worcester County Registry of Deeds in Book 40708, Page 1 (Mortgage), the relief sought of reformation of the Mortgage is hereby DENIED, and Count I is hereby DISMISSED WITH PREJUDICE, and it is further
ORDERED, ADJUDGED and DECLARED, on Count II, that the Mortgage is a valid first mortgage affecting only the interest of defendant Khambao Savankham Kennedy, and the Mortgage does not affect the interest of Sengsouvanny Bounphasaysonh n/k/a Sue DeLeon, or Joseph Bounphasaysonh, and it is further
ORDERED and ADJUDGED on Count III, that the quiet title relief sought by the plaintiffs is DENIED, and Count III is hereby DISMISSED WITH PREJUDICE, and it is further
ORDERED that todays decision, and this Judgment issued pursuant thereto, dispose of this entire case; the court has adjudicated or dismissed all claims by all parties in this action and has not reserved decision on any claim or defense, and it is further
ORDERED that no costs, fees, damages or other amounts are awarded to any party.
By the Court