CITIMORTGAGE, INC. v. EUGENE MATTERAZZO, JR., NANCY MATTERAZZO a/k/a NANCY MATTARAZZO, METROWEST COMMUNITY FEDERAL CREDIT UNION f/k/a Framingham Municipal Federal Credit Unioin, and the TOWN of FRAMINGHAM.

This action commenced on March 29, 2013, with the filing of a complaint by Citimortgage, Inc. ("Citimortgage"), as amended by its "Amended Substitute Complaint", dated October 30, 2015, seeking deed reformation (Count I), mortgage reformation (Count II), or in the alternative equitable subrogation (Count III), declaratory relief under G. L. c. 231A, § 1 (Count IV), and a declaration that Citimortgage holds an equitable mortgage (Count V).

The town of Framingham (the "Town") deeded a parcel of land located at 18 Chautauqua Avenue (Parcel Two) to Eugene Matterazzo, Jr. and Nancy Matterazzo (the "Matterazzos") as a tax-foreclosed parcel, but Parcel Two is incorrectly described in the deed and describes a different property located elsewhere in the Town. In 2004, the Matterazzos granted a mortgage to Citimortgage encumbering a parcel of land located at 14 Chautauqua Avenue, on which their residence is located (Parcel One), and Parcel Two (collectively the "Property"). In 2006, the Matterazzos granted a mortgage to Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for Citimortgage, but due to mutual mistake, the mortgage only described Parcel One as the encumbered parcel. In 2007, Mr. Matterazzo granted a mortgage on Parcel Two only to Metrowest Community Federal Credit Union ("Metrowest"), formerly known as Framingham Municipal Federal Credit Union. [Note 1]

This case came on for hearing on Citimortgage’s unopposed Renewed Motion for Summary Judgment. In a decision dated September 25, 2017, the court (Speicher, J.) has determined that summary judgment shall enter in part in favor of Citimortgage on Counts I and II.

In accordance with the court’s decision, it is

ORDERED, ADJUDGED, and DECLARED that on Count I of the Amended Substitute Complaint (Reform of Deed), the deed from the Town to the Matterazzos dated April 3, 2003, and recorded in the Middlesex South District Registry of Deeds in Book 39533, Page 569 is hereby reformed, nunc pro tunc, to April 3, 2003, by deleting the legal description of the premises, appearing between the words "with quitclaim covenants" and the words "[t]his conveyance is made subject to…" and substituting in its place the following legal description:

"a certain parcel of land situated in the town of Framingham, County of Middlesex, Commonwealth of Massachusetts, to wit:

Lot 83 on "Plan of Montwait in Framingham, Mass. owned by Edgar C. Lin, Trustee", Sept. 1923 by R.F. Smith, C.E., and being lot 331 on a Plan of "Lots of the Trustees of the Chautauqua Association at South Framingham, Mass., surveyed by E.S. Smilie, Surv., Newton," dated May 1, 1903, and recorded with the Middlesex South Registry of Deeds, Plan Book 143, Plan 21. Said parcel is bounded on said last named plan as follows:

EASTERLY: by East Avenue, fifty (50) feet;

SOUTHERLY: by lot 330 on said Smilie Plan, one hundred five (105) feet; WESTERLY by lot 321 on said Smilie Plan, fifty (50) feet; and NORTHERLY by lot 332 on said Smilie Plan, one hundred five (105) feet. Containing 5,250 square feet." THIS DEED REFORMATION IS LIMITED TO A DETERMINATION OF THE RIGHTS TO THE PROPERTY ONLY AS BETWEEN THE PARTIES TO THIS CASE AND DOES NOT CONSTITUTE AN IN REM DECREE AS TO THE STATE OF OWNERSHIP TO PARCEL TWO. It is further

ORDERED, ADJUDGED, and DECLARED that on Count II of the Amended Substitute Complaint (Reform of Mortgage), the mortgage granted by the Matterazzos to MERS as nominee for Citimortgage and recorded with the Middlesex South District Registry of Deeds in Book 48438, Page 457, and thereafter assigned to Citimortgage by assignment dated July 15, 2011, and recorded with said Registry in Book 57152, Page 335, is hereby reformed, nunc pro tunc, to October 23, 2006, so as to insert into the legal description of the mortgaged premises appearing at "Schedule A" thereto, the following legal description immediately following the existing legal description: "Parcel Two:

a certain parcel of land situated in the town of Framingham, County of Middlesex, Commonwealth of Massachusetts, to wit: Lot 83 on "Plan of Montwait in Framingham, Mass. owned by Edgar C. Lin, Trustee", Sept. 1923 by R.F. Smith, C.E., and being lot 331 on a Plan of "Lots of the Trustees of the Chautauqua Association at South Framingham, Mass., surveyed by E.S. Smilie, Surv., Newton," dated May 1, 1903, and recorded with the Middlesex South Registry of Deeds, Plan Book 143, Plan 21. Said parcel is bounded on said last named plan as follows:

EASTERLY: by East Avenue, fifty (50) feet;

SOUTHERLY: by lot 330 on said Smilie Plan, one hundred five (105) feet;

WESTERLY: by lot 321 on said Smilie Plan, fifty (50) feet; and

NORTHERLY: by lot 332 on said Smilie Plan, one hundred five (105) feet. Containing 5,250 square feet."

THIS MORTGAGE REFORMATION IS LIMITED TO A DETERMINATION OF THE RIGHTS TO THE PROPERTY ONLY AS BETWEEN THE PARTIES TO THIS CASE AND DOES NOT CONSTITUTE AN IN REM DECREE AS TO THE STATE OF OWNERSHIP TO PARCEL TWO.

It is further

ORDERED that this Judgment is entered subject to the following conditions and limitations:

1. The court has not adjudicated the right, title, or interest, in and to Parcel Two, of or as to any person or entity who (i) is not an individually-named party to the proceeding, or (ii) does not hold his, her, or its interest in said property by, through, or under an individually-named party in this proceeding.

2. This Judgment, or a certified copy of this Judgment, upon payment of all fees therefor required by law, may be recorded and marginally referenced at the Middlesex South District Registry of Deeds.

It is further

ORDERED and ADJUDGED that this Judgment is a full adjudication of all the parties’ claims in this case, and all prayers for relief by any party in this action which are not granted in the preceding paragraphs are DENIED.

By the Court.