Federal Home Loan Mortgage Corporation v. Madison

Filing 72

JUDGMENT it is ordered and adjudged that the "Notice of Lis Pendens" recorded by Defendant with the Maricopa County Recorder on May 1, 2009, is null, void, and of no effect whatsoever. Title to the real property located in Maricopa County, Arizona, and described as Lot 499, Wildflower Ranch Unit IV, shall be forever free and clear of this aforementioned encumbrance. Plaintiff is awarded judgment against Defendant for statutory penalties in the amount of $10,000.00. This is exclusive of an award of reasonable costs and attorney fees. See PDF document for details. Signed by Judge G Murray Snow on 7/12/11. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Federal Home
Corporation,

Loan

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Plaintiff,
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vs.
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Sherryl L. Madison,
Defendant.

Mortgage)
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No. CV-09-1508-PHX-GMS
JUDGMENT ORDER

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Plaintiff’s Motion for Summary Judgment (Doc. 62) having come before the Court
and the Court having granted that Motion in its Order dated July 12, 2011 (Doc. 71),

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

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1. The “Notice of Lis Pendens” recorded by Defendant with the Maricopa County

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Recorder on May 1, 2009, and made part of the Records of Maricopa County, Arizona, at

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Recording Number 20090389815, is null, void, and of no effect whatsoever. Title to the

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real property located in Maricopa County, Arizona, and described as Lot 499, Wildflower

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Ranch Unit IV, according to book 447 of maps, page 16, of the Records of Maricopa County,

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Arizona, shall be forever free and clear of this aforementioned encumbrance.

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2. The “Notice of Substitution of Trustee and Deed of Release and Reconveyance”

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recorded by Defendant with the Maricopa County Recorder on May 1, 2009, and made part

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of the Records of Maricopa County, Arizona, at Recording Number 20090390204, is null,

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void, and of no effect whatsoever. Title to the real property located in Maricopa County,

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Arizona, and described as Lot 499, Wildflower Ranch Unit IV, according to book 447 of

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maps, page 16, of the Records of Maricopa County, Arizona, shall be forever free and clear

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of this aforementioned encumbrance.

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3. Defendant is barred and forever estopped from having or claiming any right or

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title adverse to Plaintiff with respect to the real property located in Maricopa County,

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Arizona, and described as Lot 499, Wildflower Ranch Unit IV, according to book 447 of

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maps, page 16, of the Records of Maricopa County, Arizona.

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4. Pursuant to Ariz. Rev. Stat. § 33-420(A), Plaintiff is awarded judgment against

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Defendant for statutory penalties in the amount of $10,000.00. This is exclusive of an award

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of reasonable costs and attorney fees pursuant to Ariz. Rev. Stat. § 33-420(B), to which

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Plaintiff is entitled upon further motion to the Court in accordance with the rules of

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procedure.

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DATED this 12th day of July, 2011.

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