The Plaintiff seeks reformation of the mortgages Exhibit A Legal Description by substituting the Bay Farm Property description. Additionally, the Plaintiff contends that the subject mortgage was inadvertently filed on the recorded land side of the Plymouth County Registry of Deeds, instead of in the Land Court Registry District. Instead of describing the Bay Farm Property, it describes a different property in Kingston also owned by the Kelleys at that time. The Plaintiff contends that, through inadvertence or mutual mistake, an incorrect Exhibit A property description was attached to said mortgage. Kelly, on registered land identified as 35 Bay Farm Road, Kingston, Massachusetts (the ∻ay Farm Property). The Plaintiff claims to be the holder, by assignment, of a mortgage granted by the Defendants, Victoria A. The Plaintiff, Deutsche Bank National Trust Company, filed its Third Supplemental Petition in the instant action (the ∼omplaint) on July 25, 2013.
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