GARY M. WEINER, ESQ., Chapter 7 Trustee of the Bankruptcy Estate of Gail Dupuis, v. GAIL DUPUIS.

In this action, plaintiff Gary M. Weiner, Chapter 7 Trustee of the Bankruptcy Estate of Gail Dupuis (the "Trustee"), seeks a declaratory judgment reforming a mortgage that Ms. Dupuis executed in favor of Wells Fargo Bank, N.A., on March 8, 2007 (the "Mortgage"). The Mortgage is recorded in the Hampden County Registry of Deeds (the "Registry") in Book 16550, Page 335. The Trustee claims that the Mortgage erroneously encumbers two lots, Parcels 2 and 3 as shown on a plan recorded at the Registry in Plan Book 335, Plan 125, instead of one lot, Parcel 1 as shown on the same plan.

The Trustee named and served Ms. Dupuis in this action. She appeared through counsel and answered the Trustee's Verified Complaint to Reform Mortgage.

This matter came before this Court on the Trustee's motion for summary judgment against Ms. Dupuis. In accordance with this Court's Decision issued today, in light of the undisputed facts and arguments of counsel, this Court GRANTS the Trustee's Motion for Summary Judgment filed on August 8, 2017. The Court thus

ORDERS, ADJUDGES and DECREES that Exhibit "A" to the mortgage recorded in the Hampden County Registry of Deeds in Book 16550, Page 335, is stricken in its entirety and replaced with the following, nunc pro tunc to March 8, 2007:

EXHIBIT "A" LEGAL DESCRIPTION

A parcel of land located on Haynes Hill Road in the Town of Wales, Hampden County, Massachusetts, shown as Parcel 1 on Plan of Land entitled "Survey Plan for Owner Cynthia K. Carron," dated November 22, 2004, drawn by Winslow M. Spofford, R.L.S., Bertin Engineering Associates Inc., Scale 1" = 50", recorded in the Hampden County Registry of Deeds at Plan Book 335, Plan No. 125.

Meaning and intending to convey the same premises conveyed to Mortgagor by deed recorded on January 18, 2005, in Book 14770, Page 374, as corrected by a confirmatory deed recorded on February 29, 2012 in Book 19141, Page 387.

Upon payment of all required fees, a certified or attested copy of this Judgment may be recorded at the Registry and marginally referenced on all relevant documents.

SO ORDERED.