Beech v. Select Portfolio Servicing Inc et al

Filing 103

ORDER approving the 102 Marshal's Deed and Report of Sale. The Clerk is directed to certify this Order and the deed under seal of the Court so that the documents may be recorded. Signed by Judge D. P. Marshall Jr. on 9/27/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
HARVEY BEECH

v.

PLAINTIFF
No. 4:10-cv-547-DPM

WELLS FARGO BANK, N.A. AS TRUSTEE
FOR THE HOLDERS OF THE FIRST
FRANKLIN MORTGAGE LOAN TRUST
2006-FFlS MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES
2006-FFlS
DEFENDANT/COUNTERPLAINTIFF

v.
HARVEY BEECH

COUNTERDEFENDANT

WELLS FARGO BANK, N.A. AS TRUSTEE
FOR THE HOLDERS OF THE FIRST
FRANKLIN MORTGAGE LOAN TRUST
2006-FFlS MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES
THIRD-PARTY PLAINTIFF
2006-FFlS

v.
FAITH A. BEECH and FIRST
FRANKLIN, a Division of National
Bank of Indiana

THIRD-PARTY DEFENDANTS

ORDER
Clifton T. Massanelli, United States Marshal for the Eastern District of
Arkansas, has filed a report of sale and a deed to Wells Fargo Bank, National
Association, as trustee for the holders of the First Franklin Mortgage Loan

Trust 2006-FFlS Mortgage Pass-Through Certificates, Series 2006-FFlS, the
purchaser of the real property described in the deed. No one has objected to
the report or the deed. After examining them, the Court approves both in all
respects. Marshal Massanelli acknowledges that he has executed the deed to
the purchaser for the consideration and purposes recited in it.
A copy of the deed is attached and incorporated. The Court directs the
Clerk to certify this Order and the deed under seal of the Court so that the
documents may be recorded.
So Ordered.

y

D.P. Marshall Jr.
Untied States District Judge

MARSHAL'S DEED
WHEREAS, in civil action 4:10-cv-00547-DPM pending in the United States
District Court for the Eastern District of Arkansas, Little Rock Division, an Agreed
Decree of Foreclosure (the "Decree") was entered on February 24, 2012, directing
the' foreclosure of mortgages and ordering sale of the property encumbered by said
mortgages; and
WHEREAS, the undersigned Clifton T. Massanelli, United States Marshal
for the Eastern District of Arkansas, conducted the sale authorized and directed in
the Decree, which sale was held at public auction on May 9, 2012, at 10:00 a.m.,
after advertisement for the time and in the manner prescribed in the Decree, and in
all respects in accordance with the directions contained therein; and
WHEREAS, at the sale, Adrienne L. Jung of Wright, Lindsey & Jennings
LLP appeared as attorney on behalf of Wells Fargo Bank, National Association, as
trustee for the holders of the First Franklin Mortgage Loan Trust 2006-FF15
Mortgage Pass-Through Certificates, Series 2006-FF15 ("Trustee") and bid the sum
of $244,293.86;
WHEREAS, the bid of Trustee was the highest and best bid, and therefore
the property was struck off to Trustee at that price; and

1126951-vl

WHEREAS, the sale was duly reported to the above-described Court and
approved by the-Court;
NOW, THEREFORE, with the approval of and by direction of such Court, for
the considerations aforesaid, and in order to carry into effect the sale conducted as
aforesaid, the undersigned Clifton T. Massanelli, United States Marshal for the
Eastern District of Arkansas, hereby grants, sells, and conveys unto Trustee, and
its successors and assigns forever, all of the right, title, interest, equity, and estate
of all parties to this action in and to the following property situated in Lonoke
County, Arkansas:
A TRACT OF LAND LOCATED IN PART OF THE NW
1/4 OF THE SW 114 SECTION 11, T4N, RlOW, LONOKE
COUNTY,
ARKANSAS.
BEING
MORE
PARTICULARLY
DESCRIBED
AS
FOLLOWS:
BEGINNING AT THE NE CORNER OR THE NE
CORNER OF THE NW 114 SW 114, SECTION 11;
THENCE WEST 438.0 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 587.06 FEET; THENCE
WEST 171.0 FEET; THENCE SOUTH 250.0 FEET;
THENCE WEST 200 FEET; THENCE NORTH 837.06
FEET; THENCE EAST 371.0 FEET TO THE POB.
TO HAVE AND TO HOLD the said property unto the said Trustee, and its
successors and assigns forever, with all appurtenances thereunto belonging.
.
.
tfi-IN WITNESS WHEREOF, I have hereunto set my hand on this // day of

~'1

,2012.

Clifton T. Massanelli
United States Marshal
Eastern District of Arkansas
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ACKNOWLEDGMENT
STATE OF ARKANSAS }
}

COUNTY OF PULASKI }
BE IT REMEMBERED on this day appeared before the undersigned Notary
Public, duly qualified, commissioned, and acting within and for the County and
State aforesaid, Clifton T. Massanelli, United States Marshal for the Eastern
District of Arkansas, known to me (or satisfactorily proven) to be the person
described in the foregoing instrument, who stated and acknowledged (according to
§ 16-47-207) to me that, pursuant to the Agreed Decree of Foreclosure entered by
the United States District Court for the Eastern District of Al·kansas in the
proceedings referred to therein, he had so signed and executed the foregoing
Marshal's Deed for the consideration, uses, and purposes set forth therein.

-\'h

IN WITNESS WHEREOF, I hereunto set my hand and official seal this\\-day of ::S\J
"\

, 2012.

My Commission Expires:. "7

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J

BEVERLVKAPLON
PULASKI COUNTY
NOTARY PUBLIC • ARKANSAS
~Commission Expires July 17, 2017
..__ _
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PREPARED BY:
Judy Simmons Henry (84069)
Adrienne L. Jung (2007159)
WRIGHT, LINDSEY & JENNINGS LLP
200 West Capitol Avenue, Suite 2300
Little Rock, Arkansas 72201-3699
(501) 371~0808
FAX: [phone]

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