The Bank of New York Mellon v. Marguerite Deselms et al

Filing 104

JUDGMENT by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: The Substitution of Trustee and Full Reconveyance (hereafter the "Fake First DOT Reconveyance") recorded on November 17, 2010 as document number 2010 -0476655 in the official records of San Bernardino County is hereby void and cancelled. A permanent injunction is hereby issued such that Defendants shall not execute or record any further documents which purport to modify, amend, or extinguish th e First Deed of Trust, BONY's interest in the Property, or any ongoing non-judicial foreclosure proceedings. BONY is hereby awarded costs of suit and reasonable attorneys' fees as to DeSelms as permitted by the provisions of the Deed of T rust. BONY may have this Judgment recorded with the San Bernardino County Recorder's Office. IT IS FURTHER ADJUDGED AND DECREED that: 1. Defendant Marguerite DeSelms ("DeSelms") shall take nothing by way of her operative F irst Amended Counterclaim. 2. DeSelms shall take nothing as to Plaintiff. 3. Judgment shall be entered in favor of Plaintiff and against DeSelms on each and every claim contained in DeSelms's First Amended Counterclaim. 4. Plaintiff may recover costs and attorneys' fees from DeSelms as permitted by law. (see document for further details) (bm)