JP Morgan Chase Bank, NA et al v. Hallberg et al

Filing 57

AGREED ORDER dismissing case with prejudice. Signed by District Judge Sharion Aycock on 10/5/2017. (dbm)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
JP MORGAN CHASE BANK, NA
SERVICER FOR WELLS FARGO BANK,
N.A. AS TRUSTEE FOR STRUCTURED
ASSET SECURITIES CORPORATION,
MORTGAGE PASS-THROUGH
CERTIFICATES. SERIES 2005-NC2, and
SELECT PORTFOLIO SERVICING, INC.
SERVICER OF U.S. BANK NATIONAL
ASSOCIATION, AS TRUSTEE, ON
BEHALF OF THE HOLDERS OF THE
ASSET BACKED PASS-THROUGH
CERTIFICATES, SERIES NC 2005-HE4
vs.

PLAINTIFFS
CAUSE NO.:1:15-cv-00040-SA-DAS

ERIC HALLBERG AND CAPPE
HALLBERG

DEFENDANTS

CONSENT JUDGMENT
BE IT REMEMBERED that this matter came before the Court upon the Complaint filed by
the Plaintiffs, JP MORGAN CHASE BANK, NA (“Chase”) as servicer and attorney-in-fact for Wells
Fargo Bank, National Association, successor by merger to Wells Fargo Bank Minnesota, National
Association, as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through
Certificates, Series 2005-NC2, SELECT PORTFOLIO SERVICING, INC. (“SPS”) as servicer and
attorney-in-fact for U.S. Bank National Association, as Trustee, on behalf of the holders of the Asset
Backed Pass-Through Certificates, Series NC 2005-HE4, against Defendants, ERIC HALLBERG
and CAPPE HALLBERG (Eric Hallberg and Cappe Hallberg, collectively the “Hallbergs”) (Chase,
SPS and the Hallbergs, collectively, the “Parties”). Having considered this matter and being informed
that the Parties have reached an agreement, the Court finds as follows:
1.

On February 28, 2005, the Hallbergs executed and delivered a promissory Note in the

amount of $132,000 (the “First Note”) in favor of New Century Mortgage Corporation. Also, on
February 28, 2005, as security for the First Note, the Hallbergs executed a Deed of Trust in favor of

New Century Mortgage Corporation (the “First Mortgage”) encumbering that certain parcel of real
property located at 104 South Primrose Lane, Starkville, Oktibbeha County, Mississippi (the “Subject
Property”). The First Mortgage was recorded at Book 2005, Page 2958 of the land records of the
Chancery Clerk of Oktibbeha County, Mississippi (the loan evidenced by the First Note and the First
Mortgage shall be referenced to as the “First Loan”). Chase is the current servicer of the First Loan
and attorney-in-fact for Wells Fargo Bank, National Association, successor by merger to Wells Fargo
Bank Minnesota, National Association, as Trustee for Structured Asset Securities Corporation,
Mortgage Pass-Through Certificates, Series 2005-NC2.
2.

On February 28, 2005, the Hallbergs also executed and delivered a Promissory Note

in the amount of $33,000 in favor of New Century Mortgage Corporation (the “Second Note”). Also
on February 28, 2005, as security for the Second Note, the Hallbergs executed a Deed of Trust in
favor of New Century Mortgage Corporation (the “Second Mortgage”) encumbering the Subject
Property. The Second Mortgage was recorded at Book 2005, Page 2979 of the land records of the
Chancery Clerk of Oktibbeha County, Mississippi (the loan evidenced by the Second Note and the
Second Mortgage shall be referred to as the “Second Loan”). At all times relevant hereto, SPS was
the servicer of the Second Loan, and attorney-in-fact for U.S. Bank National Association, as Trustee,
on behalf of the holders of the Asset Backed Pass-Through Certificates, Series NC 2005-HE4.
3.

On or about March 4, 2005, New Century Mortgage Corporation executed an

Assignment of the Second Mortgage to U.S. Bank National Association as Trustee, on behalf of the
holders of the Asset Backed Pass-Through Certificates, Series NC 2005-HE4, which was recorded
on October 12, 2006 at Book 2005, Page 18500 of the land records of the Chancery Clerk of
Oktibbeha County, Mississippi (the “Second Mortgage Assignment”). A copy of the Second
Mortgage Assignment is attached hereto as Exhibit A. The Second Mortgage Assignment explicitly
states that the interest transferred is one “securing a Note in the sum of $33,000.00.” However, the

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Second Mortgage Assignment contains a scrivener’s error in that it references Book 2005, Page 2958
– rather than the intended Book 2005, Page 2979.
4.

On or about September 20, 2006, a Deed of Release was executed by SPS, as Attorney-

in-Fact for Trustee U.S. Bank, which was recorded on October 12, 2006 at Book 2006, Page 18499
of the land records of the Chancery Clerk of Oktibbeha County, Mississippi (the “Deed of Release”).
A copy of the Deed of Release is attached hereto as Exhibit B. The Deed of Release also contains a
scrivener’s error in that it references Book 2005, Page 2958 – rather than the intended Book 2005,
Page 2979.
5.

On or about February 20, 2015, Chase and SPS filed this civil action seeking to reform

the Second Mortgage Assignment and the Deed of Release to correct the scrivener’s errors so that
both the Second Mortgage Assignment and Deed of Release reference the Second Mortgage and the
intended the intended Book 2005, and Page 2979.
IT IS, THEREFORE, ORDERED, DECREED, AND ADJUDGED that the Second
Mortgage Assignment executed on March 4, 2005 by New Century Mortgage Corporation in favor
of U.S. Bank National Association as Trustee, on behalf of the holders of the Asset Backed PassThrough Certificates, Series NC 2005-HE4, which was recorded on October 12, 2006 at Book 2005,
Page 18500 of the land records of the Chancery Clerk of Oktibbeha County, Mississippi containing a
scrivener’s error is hereby corrected and reformed nunc pro tunc to reflect an assignment of the
Second Mortgage recorded at Book 2005, Page 2979 in the land records of the Chancery Clerk of
Oktibbeha County, Mississippi.
IT IS FURTHER ORDERED, DECREED, AND ADJUDGED that the Deed of Release
executed on September 20, 2006 by SPS, as Attorney-in-Fact for Trustee U.S. Bank, which was
recorded on October 12, 2006 at Book 2006, Page 18499 of the land records of the Chancery Clerk
of Oktibbeha County, Mississippi is hereby corrected and reformed nunc pro tunc to reflect a release

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and cancellation of the Second Mortgage recorded at Book 2005, Page 2979 of the land records of
the Chancery Clerk of Oktibbeha County, Mississippi.
IT IS FURTHER ORDERED, DECREED, AND ADJUDGED that, pursuant to the above
referenced reformations of the Second Mortgage Assignment and the Deed of Release, that the Deed
of Trust in favor of New Century Mortgage Corporation encumbering that certain parcel of real
property located at 104 South Primrose Lane, Starkville, Oktibbeha County, Mississippi recorded at
Book 2005, Page 2958 of the land records of the Chancery Clerk of Oktibbeha County, Mississippi
be and hereby is declared to be a valid and lawful first priority security interest encumbering the
Subject Property.
IT IS FURTHER ORDERED, DECREED, AND ADJUDGED that the Chancery Clerk of
Oktibbeha County, Mississippi, be served with a certified copy of this Consent Judgment by the Clerk
of this Court and that the Chancery Clerk index and spread this Consent Judgment upon the land
records of Oktibbeha County, Mississippi as affecting the title to the Subject Property.
IT IS FURTHER ORDERED, DECREED, AND ADJUDGED that this matter be, and
hereby is, dismissed in its entirety with prejudice with all Parties to bear their own costs.
SO ORDERED this the 5th day of October, 2017.

/s/ Sharion Aycock
UNITED STATES DISTRICT COURT JUDGE
SHARION AYCOCK
AGREED TO:
s/Stephen T. Masley
Stephen T. Masley (MSB # 101870)
McGLINCHEY STAFFORD PLLC
Telephone: [phone]
Email: [e-mail]
Attorney for JP Morgan Chase Bank, N.A., et al

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s/ Melody McAnally
Melody McAnally (MS Bar #101236)
BUTLER SNOW LLP
Telephone: [phone]
Email: [e-mail]
Attorney for Select Portfolio Servicing, Inc., et al

s/ Craig M. Geno
Craig M. Geno (MS Bar #4793)
LAW OFFICES OF CRAIG M. GENO, PLC
Telephone: [phone]
Email: [e-mail]
Attorney for Eric Hallberg and Cappe Hallberg
308456.3

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