Foshee et al v. LPP Mortgage Ltd

Filing 35

STIPULATED ORDER declaring foreclosure sale and mortgagee's deed null and void, and reviving and reinstating the mortgage. All claims asserted by Plaintiffs in this action and not addressed in this Order are dismissed with prejudice. Each party will bear its own costs. Signed by Judge D. P. Marshall Jr. on 2/20/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

TOMMY FOSHEE and
PAMELA FOSHEE

v.

PLAINTIFFS

No. 3:12-cv-325-DPM

LPP MORTGAGE LTD.

DEFENDANT

STIPULATED ORDER DECLARING FORECLOSURE SALE AND
MORTGAGEE'S DEED NULL AND VOID, AND REVIVING AND
REINSTATING MORTGAGE
The Plaintiffs, Tommy and Pamela Foshee, and Defendant LPP
Mortgage Ltd. ("LPP") agree:
1.

The foreclosure sale of the property located at 324 West School

Street, Brookland, Craighead County, Arkansas 72417 and more particularly
described below (the "Property"), conducted on July 12, 2011 by Shapiro &
Kirsch, LLP, as attorney-in-fact for LPP, is declared by the Court to be null
and void ab initio, having no legal force or effect whatsoever:
A Part of the Southwest Quarter of the Southwest Quarter of
Section 20, Township 15 North, Range 5 East, More Particularly
described as follows; Beginning at the Southwest corner of the
Southwest Quarter of the Southwest Quarter of said Section 20,
Thence South 89 deg., 35 min., East 170 feet; Thence North 230
feet to the point of beginning proper; Thence South 89 deg., 35
min., East 229 feet; Thence South 38 feet; Thence North 89 de g., 57

min., East 119.5 feet; Thence North 0 deg., 20 min., East 224.0 feet;
Thence North 85 deg., 13 min., West 287.0 feet; Thence South 21
deg., 54 min. West 163.7 feet; Thence South 3 deg., 07 min., West
56.4 feet to the point of beginning proper. Together with an
easement for the purpose of ingress and egress over and across
the following; The East 40 feet of the West 170 feet of the South
230 feet of the Southwest Quarter of the Southwest Quarter of
Section 20; Thence South 89 deg., 35 min., East 170 feet; Thence
North 230 feet; Thence West 37.3 feet; Thence North 0 deg., 35
min., East 56 feet to the point of beginning proper; Thence South
0 deg., 35 min., West 56 feet; Thence North 3 deg., 07 min., East
56.4 feet, thence Westerly to the point of beginning proper.

2.

The Mortgagee's Deed recorded in the real estate records of the

Craighead County Circuit Clerk's office on August 4, 2011 as Document No.
JB2011R-011902 conveying the Property to LPP is declared by the Court to be
null and void ab initio, having no legal force or effect whatsoever.
3. Title in and to the Property is vested in and with Tommy Foshee and
Pamela Foshee, husband and wife, as if the foreclosure sale never occurred.
4. The Mortgage dated May 1, 2008, in favor of Southern Trust
Mortgage Co., Inc., recorded in the real estate records of the Craighead
County Circuit Clerk's office on June 9, 2008 at Mortgage Book 1352, Pages
799-814, rerecorded on December 12,2008, at Mortgage Book 1383, Pages 785802, and assigned to LPP by an Assignment of Mortgage dated March 24, 2010

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and recorded in the real estate records of the Craighead County Circuit
Clerk's office on April 19, 2010, at Mortgage Book 1460, Pages 550-551, is
revived, reinstated, and effective as if no foreclosure sale had occurred. All
terms and provisions of the Mortgage are revived, reinstated, and remain in
effect as if the foreclosure sale and Mortgagee's:Deed never occurred.
5. All claims asserted by Plaintiffs in this action and not addressed in
this Order are dismissed with prejudice. Each party will bear its own costs.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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