DEUTSCHE BANK NATIONAL TRUST COMPANY v. BOSLEY
Filing
17
DEFAULT JUDGMENT in favor of DEUTSCHE BANK TRUST COMPANY against BENEFICIAL MORTGAGE CO OF GEORGIA, JACQUELINE BOSLEY, TABITHA VANHOUSEN (tlf).
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
DEUTSCHE BANK NATIONAL TRUST )
COMPANY, AS TRUSTEE FOR
)
AMERIQUEST MORTGAGE
)
SECURITIES, INC., ASSET-BACKED )
PASS THROUGH CERTIFICATES,
)
SERIES 2005 R-1, UNDER THE
)
POOLING
AND
SERVICING
)
AGREEMENT
)
DATED FEBRUARY 1, 2005
)
)
Plaintiff,
)
)
v.
)
)
JACQUELINE BOSLEY A/K/A
)
JACQUELINE CATHERINE GOODSON, )
TABITHA VANHOUSEN A/K/A
)
TABITHA ANN BOSLEY VANHOUSEN, )
BENEFICIAL MORTGAGE CO.
)
OF GEORGIA
)
)
Defendants.
)
CIVIL ACTION FILE
NO 4:18-cv-00086-CDL
FINAL JUDGMENT
Plaintiff filed a Complaint [Doc 1] and a Motion [Doc 16] for entry of this
Order. Having considered the Motion and the record, the Court finds that a hearing
is not required and this Order is entered as follows.
Under 28 U.S.C. § 1332, jurisdiction exists between Plaintiff, a citizen of New
York, Defendant Jacqueline Bosley, a citizen of Georgia, Defendant Tabitha
Vanhousen, a citizen of Alabama, and Defendant Beneficial Mortgage Co., a citizen
of Illinois. The value of the real property and/or the debt at issue exceeds the
principal sum of $75, 000.00. The real property at issue in this case is described as:
All that lot, tract and parcel of land situate, lying and being in
Columbus, Muscogee County and State of Georgia, being known and
designated as all of Lot Numbered Thirty (30) in Block Lettered “Q”
Re-plat of Lots 1 and 2, Block “Q” Victory Heights, as said lot is shown
upon a Map or Plat of said subdivision dated April 29, 2980, made by
Moon, Meeks & Patricks, Inc., and recorded in Plat Book 75, folio 26
in the office of the Clerk of Superior Court of Muscogee County,
Georgia to which reference is made for the particular location and
dimensions of said lot.
The property is more commonly known by its address of: 7744 Aurora Drive,
Columbus, GA 31909-1602 (“Property”).
On January 23, 1985, Barbara Fields, in whom title was vested, executed a
Warranty Deed, conveying the Property to Randy C. Bosley (“Mr. Bosley”) and
Mary A. Bosley, recorded February 6, 1985, in Deed Book 2416, Page 96, Muscogee
County, Georgia records (“Warranty Deed”). On December 10, 1998, Mary Bosley
executed a Quitclaim Deed conveying her interest in the property to Mr. Bosley,
recorded December 10, 1998, in Deed Book 5138, Page 305, Muscogee County,
Georgia records (“Quitclaim Deed”).
Mr. Bosley executed a Promissory Note on January 20, 2005, to Ameriquest
Mortgage Co. (“Ameriquest”) for the principal sum of $75,163.00 (“Note”). On
January 20, 2005, Mr. Bosley executed a Security Deed to Ameriquest conveying
the Property as collateral for the Note, recorded on January 28, 2005, in Deed Book
7756, Page 326, Muscogee County, Georgia records (“Senior Security Deed”).
On November 11, 2008, Randy C. Bosley executed another Security Deed to
Defendant Beneficial encumbering the Property as collateral for a separate note in
the principal sum of $26,057.56, and recorded on November 17, 2008, in Deed Book
09532, Page 64, Muscogee County, Georgia Records (“Junior Security Deed”).
On January 20, 2009, Citi Residential Lending, Attorney in Fact for
Ameriquest, executed an assignment of the Senior Security Deed to Plaintiff, which
was recorded on February 12, 2009, in Deed Book 09604, Page 174, Muscogee
County, Georgia records (“Assignment”). Mr. Bosley breached Plaintiff’s Note and
Security Deed, still in effect, by failing to make loan payments and/or not fulfilling
other obligations under them, and was in default.
Mr. Bosley died intestate on September 14, 2015. His estate was never
probated in any Court. He is survived by his spouse and daughter, Defendants
Jacqueline Bosley and Tabitha Vanhousen. Upon Mr. Bosley’s death, all interest,
equity, or claim he had in the Property vested in his spouse and daughter, subject to
the Security Deed.
Plaintiff filed suit [Doc. 1] and summons were issued [Doc. 3-5], which were
served on Defendants [Doc. 7-9]. Default as to all Defendants was entered on
October 9, 2018.
1.
Per Count I of the Complaint, the Court declares and establishes
Plaintiff holds the senior interest in the Property, its fixtures, appurtenances, rents,
contents and insurance, for the principal due on its Note/Senior Security Deed, plus
interest, charges, expenses, costs and fees, taxes and abstracting, which are judicially
foreclosed against the Property, in which all other claims and interests are inferior,
subordinate, barred, foreclosed and quieted to all right, title, interest and equity of
redemption.
2.
If the Property is purchased at sale by a third party bidder, detailed
below, then the Junior Security Deed of Beneficial Mortgage Co. will be satisfied
by any surplus funds remaining after satisfaction of Plaintiff’s debt, with the
remainder of any such surplus funds payable to the individual Defendants, to be
determined through a separate interpleader action. Otherwise, Beneficial Mortgage
Co., retains the right to seek payment for any unpaid debt owed to it if not satisfied
by a purchase by a third-party bidder at a sale of the Property under this order.
3.
Under Fed. R. Civ. P. 53, the law firm of Reginald Hudespeth, LLC
and/or its designee, is appointed as Special Master to and authorized to sell the
Property, its improvements, buildings, fixtures and appurtenances at the Muscogee
County Courthouse at the usual hour and location for public sale, per 28 U.S.C. §
2001 and applicable law, after advertisement of the sale, once per week for 4 weeks
before the sale, in a newspaper regularly issued and of general circulation in that
county, without right of redemption.
4.
Under U.S.C. § 564 and 566, the, the Special Master may exercise the
same powers to conduct the sale as any local official or party conducting foreclosure
sales, to yield the best sale price of the Property through free, fair and competitive
bidding.
5.
Plaintiff may bid the credit due on its debt, without payment of cash.
At the time of sale, any third-party bidder (s) will tender a successful bid in cash,
cashier's check or certified check, payable to Plaintiff. If a third-party bidder defaults
on this or any other condition of sale, then the payment is forfeited and shall be
applied to expenses of sale. The Property may then be re-offered for sale or sold to
a second highest bidder at Plaintiff's discretion.
6.
If Plaintiff is the purchaser, the Special Master will credit on Plaintiff's
bid the total sums due to Plaintiff, or such portion necessary to pay Plaintiff's bid. If
not the purchaser, Plaintiff will advance all subsequent costs of this action, for which
it will be reimbursed by the Special Master. After completion of the sale, the Special
Master will execute a Report of Sale, for filing with the Clerk of Court, subject to
confirmation by the Court. Upon entry of the confirmation order, the sale proceeds
will be applied to Plaintiff's costs and disbursements of this action, expenses of sale,
including documentary stamps affixed to the order if applicable, the total sum due
to Plaintiff less the items paid, plus interest at the rate prescribed by state law from
this date to the sale date.
7.
Upon motion following the sale, the Court shall enter an order
confirming the sale of the Property, conveying title to the purchaser at sale, which
shall be filed and recorded in the local land registry office, with the same legal effect
as a Deed Under Power or other conveyance of title under Georgia law or the Special
Master may execute a Deed for recordation with the same such effect. Plaintiff may
assign the Order and/or credit bid by executing an assignment prior to issuance of
an order confirming the sale of the Property, without further order of the Court.
8.
A successful third-party bidder at the sale shall pay, in addition to the
amount of the bid, any documentary stamps and land registry fees and like costs, as
provided by law. Upon entry of the confirmation order, the sale proceeds will be
applied to Plaintiff's costs and disbursements of this action, expenses of sale,
including documentary stamps affixed to the order if applicable, the total sum due
to Plaintiff less the items paid, plus interest at the rate prescribed by state law from
this date to the sale date.
9.
Per Count II of the Complaint, following entry of the confirmation
order, Plaintiff or any purchaser at sale is granted possession of the Property as set
forth in the Order. All parties, occupants, entities and others will vacate the Property
following the sale. The Marshall and/or local law enforcement officers, their
deputies and agents are ordered to take any action to remove any anyone and their
belongings from the Property, with whom Plaintiff or other purchaser at sale may
coordinate to take all actions necessary to effectuate. Refusal or failure to vacate the
property is punishable by contempt of Court.
10.
All parties, occupants, entities and others will take all reasonable steps
necessary to preserve the Property in its current condition, who will not commit
waste, damage or vandalism against the Property or do anything to impair or reduce
its value or marketability, including but not limited to recording any instruments,
publishing any notice, or taking any other action tending to adversely affect the value
of the Property or tending to deter or discourage potential bidders from participating
in the sale and shall not cause or permit anyone else to do so, violation of which is
punishable by contempt of Court. Any personal property remaining in the Property
is deemed forfeited and abandoned; which Plaintiff or any other purchaser may
dispose of in any manner.
SO ORDERED this 18th
day of December
, 2018.
S/Clay D. Land
The Honorable Clay D. Land
Judge, United States District Court,
Middle District of Georgia, Columbus Division
Prepared and respectfully submitted by:
/s/ Elizabeth Blair Weatherly
Elizabeth Blair Weatherly
Georgia Bar No. 672518
Ryan Starks
Georgia Bar No. 676512
11675 Great Oaks Way, Suite 375
Alpharetta, Georgia 30022
(770) 393-4300 (Telephone)
(770) 393-4310 (Facsimile)
Blair.Weatherly@phelanhallinan.com
Ryan.Starks@phelanhallinan.com
Attorneys for Plaintiff
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?