MISC 17-000091

December 11, 2017

Nantucket, ss.



This action commenced in the Superior Court for Nantucket County on November 19, 2012, as an action seeking reformation of a mortgage and other equitable relief. Following the issuance of summary judgment in favor of the plaintiff on May 14, 2015, the case was heard by the Appeals Court and was remanded for further proceedings. See Salem Five Mortg. Co., LLC v. Lester, 90 Mass. App. Ct. 1110 (2016). The case was transferred to the Land Court on February 23, 2017. 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 courtÂ’s decision, it is

ORDERED and ADJUDGED on Count I of the Verified Complaint that the mortgage, registered with the Nantucket Registry District of the Land Court as Document No. 124372 on June 13, 2008, and which is noted on Certificate of Title No. 22987, and affecting property known and numbered as 48 Arkansas Avenue, Nantucket, Massachusetts, as is more particularly described on Exhibit A to said mortgage, (the "Property") is hereby REFORMED, nunc pro tunc to June 13, 2008, so as to name as Borrower and Mortgagor, both of Walter A. Lester and Courtney T. Lester, so that the one hundred percent of the ownership interest of the Property is encumbered by the mortgage, and it is further

ORDERED and ADJUDGED that Counts II, III and IV of the Verified Complaint, seeking respectively, alternative relief of reformation of the deed, equitable subrogation, and imposition of an equitable mortgage, are DISMISSED WITHOUT PREJUDICE, the court having granted relief that renders these counts moot, and it is further

ORDERED that today's 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 upon payment of all required fees, a certified or attested copy of this Judgment may be registered with the Nantucket Registry District of the Land Court and noted on the applicable certificate of title, and it is further

ORDERED that no costs, fees, damages or other amounts are awarded to any party.

By the Court