Melson et al v. Bank One, National Association

Filing 9

ORDER granting 8 Motion for Consent Judgment. Signed by District Judge Sharion Aycock on 11/3/2014. (bkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
ANDREW M. MELSON and wife,
ALISHA MELSON
V.

PLAINTIFFS
NO. 1:14-cv-141-SA-DAS

BANK ONE, NATIONAL ASSOCIATION

DEFENDANT

CONSENT JUDGMENT
BE IT REMEMBERED that this matter came before the Court upon the
Motion for Consent Judgment filed by Plaintiffs and Defendant Bank One,
National Association, n/k/a, JPMorgan Chase Bank, N.A. (“Bank One”). Having
considered the Motion for Consent Judgment, the Court finds that said Motion is
well taken and hereby finds as follows:
1.

The Court has jurisdiction over the subject matter and the parties.

2.

This action involves the real property located at 1835 Walker Church

Road, Golden, Mississippi, and described as follows:
Commencing at the Northwest corner of the Southwest Quarter of
Section 4, Township 8 South, Range 10 East; thence South 544.5 feet;
thence East 308.55 feet; thence South 70.5 feet to the center line of a
certain public road; thence South 72 degrees 15 minutes East along
center line of said road 112 feet for a point of beginning; thence South
46 degrees 15 minutes East along center line of said road 528 feet;
thence North 23 degrees 00 minutes East 670 feet; thence North 46
degrees 15 minutes West 53 feet; thence North 80 degrees 00 minutes
West 298 feet; thence South 23 degrees 00 minutes 217 feet; thence
North 46 degrees 15 minutes West 168 feet; thence South 23 degrees
00 minutes West 280 feet back to the point of beginning. Containing
5 acres, more or less, being located in the Southwest Quarter of

Section 4, Township 8 South, Range 10 East, all in Itawamba County,
Mississippi
3.

On or about October 18, 2004, Randy Wayne Bolton and Stephanie

Bolton (the “Boltons”) conveyed the subject property to Bank One by Deed in Lieu
of Foreclosure recorded as Instrument No. 025019 of the land records of the
Chancery Clerk of Itawamba County, Mississippi. That conveyance was not to
Bank One “as trustee.”
4.

On or about March 17, 2005, Bank One, as trustee, conveyed to

Samuel B. Carson and Evelyn C. Carson (the “Carsons”) the subject property by
Special Warranty Deed recorded as Instrument No. 027103.
5.

The subject property was conveyed to Plaintiffs Andrew M. Melson

and Alisha Melson by the Carsons on July 11, 2013 by Warranty Deed that was
recorded as Instrument No. 2013063544 of the land records of Itawamba County,
Mississippi.
6.

The Deed in Lieu of Foreclosure to Bank One should have reflected

that the conveyance to Bank One was in its capacity “as trustee.” This omission
was a typographical error, as reflected in the Affidavit recorded as Instrument No.
063262 of the land records of Itawamba County, Mississippi.
7.

The Deed in Lieu of Foreclosure recorded in Instrument No. 025019

should be reformed to reflect that the conveyance to Bank One was “as trustee.”
The Chancery Clerk of Itawamba County should also be directed to note on
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Instrument No. 025019 the reformation of said Instrument provided for in this
Consent Judgment.
8.

The Clerk of this Court should further be directed to furnish the

Chancery Clerk of Itawamba County, Mississippi with a certified copy of this
Consent Judgment to be indexed and spread upon the land records of Itawamba
County, Mississippi as effecting the title to the subject property.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the
Deed in Lieu of Foreclosure recorded in Instrument No. 025019 of the land records
of Itawamba County, Mississippi, should be, and hereby is, reformed to reflect that
the conveyance to Bank One was “as trustee.”
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the
Chancery Clerk of Itawamba County be, and hereby is, directed to note the
reformation on Instrument No. 025019 by this Consent Judgment on said
Instrument.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this
Consent Judgment be filed and indexed among the land records of Itawamba
County, Mississippi effecting title to the subject property.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this
action be, and hereby is, dismissed with prejudice, with each party to bear its
respective costs and attorney’s fees.
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SO ORDERED, ADJUDGED AND DECREED this the 3rd day of
November, 2014.

_/s/ Sharion Aycock________________
UNITED STATES DISTRICT JUDGE

AGREED TO:

s/Phillip L. Tutor
Phillip L. Tutor (MSB #8160)
Post Office Box 487
Pontotoc, Mississippi 38863
Telephone: [phone]
Facsimile: [phone]
[e-mail]

s/ Mark H. Tyson
Mark H. Tyson (MS Bar #9893)
Attorney for Bank One, National Association,
a/k/a, JPMorgan Chase Bank, N.A.
McGlinchey Stafford, PLLC
200 South Lamar Street, Suite 110
P. O. Box 22949
Jackson, MS 39225-2949
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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