Hankins et al v. JPMorgan Chase Bank, N.A.

Filing 23

ORDER granting 22 Joint Motion for Consent Judgment. Signed by District Judge Sharion Aycock on 3/13/2015. (bkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
WILLIAM TERRY HANKINS and
BELINDA J. HANKINS
V.

PLAINTIFFS
NO. 3:14-CV-00088-SA-SAA

JPMORGAN CHASE BANK, N.A.

DEFENDANT

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

This Court has subject matter jurisdiction over this matter. Plaintiffs and

Chase are completely diverse and the value of the subject property exceeds $75,000.00.
See 28 U.S.C. § 1332.
2.

Plaintiffs entered into a loan with Chase on April 20, 2012, in the principal

amount of $139,177.00. The loan was secured by a deed of trust that encumbered a 68acre parcel, more particularly described as follows:
ALL THAT PARCEL OF LAND IN TATE COUNTY, STATE OF MISSISSIPPI, AS
MORE FULLY DESCRIBED IN DEED BOOK A92, PAGE 550, ID# 173060000301,
BEING KNOWN AND DESIGNATED AS
PART OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 9 WEST, TATE COUNTY,
MISSISSIPPI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TOWIT:

BEGINNING AT A POINT COMMONLY ACCEPTED AS THE NORTHWEST
CORNER OF THE SOUTH HALF OF SAID SECTION 6; THENCE RUN SOUTH 01
DEGREES 50 MINUTES 38 SECONDS EAST A DISTANCE OF 1320.68 FEET
ALONG THE WEST LINE OF SAID HALF SECTION TO THE SOUTHWEST
CORNER OF THE NORTH HALF SAID HALF SECTION; THENCE RUN SOUTH
89 DEGREES 32 MINUTES 08 SECONDS EAST A DISTANCE OF 957.13 FEET
ALONG THE SOUTH LINE OF SAID NORTH HALF OF SAID HALF SECTION
TO A HALF INCH STEEL BAR; THENCE RUN NORTH 00 DEGREES 27
MINUTES 52 SECONDS EAST A DISTANCE OF 286.66 FEET TO A HALF INCH
STEEL BAR; THENCE RUN SOUTH 89 DEGREES 32 MINUTES 08 SECONDS
EAST A DISTANCE OF 2122.03 FEET TO A HALF INCH STEEL BAR ON THE
CENTER LINE OF A PRIVATE ROAD; THENCE RUN THE FOLLOWING CALLS
ALONG SAID ROAD CENTERLINE TO A POINT ON THE NORTH LINE OF
SAID HALF-SECTION:
NORTH 05 DEGREES 03 MINUTES 09 SECONDS WEST 44.83
NORTH 02 DEGREES 28 MINUTES 53 SECONDS WEST 37.30
NORTH 18 DEGREES 17 MINUTES 54 SECONDS EAST 50.75
NORTH 38 DEGREES 54 MINUTES 54 SECONDS EAST 46.61
SOUTH 72 DEGREES 47 MINUTES 41 SECONDS WEST 56.75
NORTH 75 DEGREES 36 MINUTES 08 SECONDS WEST 40.26
NORTH 48 DEGREES 10 MINUTES 07 SECONDS WEST 95.41
NORTH 38 DEGREES 11 MINUTES 31 SECONDS WEST 282.22
NORTH 44 DEGREES 33 MINUTES 19 SECONDS WEST 128.60
NORTH 55 DEGREES 09 MINUTES 57 SECONDS WEST 21.44
NORTH 62 DEGREES 09 MINUTES 40 SECONDS WEST 41.36
NORTH 73 DEGREES 46 MINUTES 33 SECONDS WEST 65.00
NORTH 71 DEGREES 40 MINUTES 16 SECONDS WEST 66.63
NORTH 63 DEGREES 15 MINUTES 45 SECONDS WEST 61.10
NORTH 78 DEGREES 46 MINUTES 48 SECONDS WEST 88.57
NORTH 85 DEGREES 36 MINUTES 32 SECONDS WEST 54.25
NORTH 74 DEGREES 22 MINUTES 07 SECONDS WEST 77.63
NORTH 65 DEGREES 34 MINUTES 34 SECONDS WEST 41.86
NORTH 57 DEGREES 06 MINUTES 34 SECONDS WEST 54.40
NORTH 39 DEGREES 02 MINUTES 50 SECONDS WEST 66.04
NORTH 27 DEGREES 49 MINUTES 27 SECONDS WEST 59.09
NORTH 29 DEGREES 17 MINUTES 18 SECONDS WEST 94.26
NORTH 32 DEGREES 06 MINUTES 55 SECONDS WEST 168.61 FEET

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THENCE RUN NORTH 89 DEGREES 50 MINUTES 48 SECONDS WEST A
DISTANCE OF 1995.67 FEET ALONG SAID NORTH LINE OF SAID HALF
SECTION TO THE POINT OF BEGINNING AND CONTAINING 68.16 ACRES.
BEARINGS SHOWN ARE TRUE BEARING.

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(hereinafter the “68 Acre Parcel”). The deed of trust was recorded on May 1, 2012 in
Book 2012, Page 4366 of the land records of Tate County, Mississippi.
3.

Thereafter, Plaintiffs defaulted on the underlying indebtedness by failing to

make the required payments in a timely manner. Following their default, foreclosure
proceedings were commenced relating to the 68 Acre Parcel.
4.

Plaintiffs filed this action on March 28, 2014, in the Chancery Court of

Tate County, Mississippi, seeking to enjoin the foreclosure proceedings. They assert
that the deed of trust erroneously encumbered the 68 Acre Parcel, rather than a separate
ten acre parcel more particularly described as follows:
PART OF THE SOUTH HALF OF SECTION 6, T-6-S, R-9-W, TATE COUNTY,
MISSISSIPPI MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTH HALF OF
SECTION 6; THENCE S 89°50’48” E ALONG THE HALF SECTION LINE A
DISTANCE OF 1995.67 FEET TO THE CENTERLINE OF A ROAD, THENCE S
32°06’55’ E ALONG SAID ROAD A DISTANCE OF 168.61 FEET; THENCE S
29°18’17” E ALONG SAID ROAD A DISTANCE OF 94.26 FEET; THENCE S
27°49’27” E ALONG SAID ROAD A DISTANCE OF 38.38 FEET TO THE POINT
OF BEGINNING; THENCE S 76°35’51” W A DISTANCE OF 258.14 FEET;
THENCE S 71° 54’ 48” W A DISTANCE OF 950.35 FEET; THENCE S 18°05’12” E
A DISTANCE OF 330.00 FEET; THENCE N 71°54’48” E A DISTANCE OF 1543.31
FEET TO THE CENTERLINE OF A ROAD; THENCE NORTHWESTERLY
ALONG SAID CENTERLINE OF ROAD THE FOLLOWING NINE (9) CALLS:
N 71°40’16” W - 10.15 FEET;
N 63°15’45” W – 61.10 FEET;
N 78°46’48” W – 88.57 FEET;
N 85°36’32” W – 54.25 FEET;
N 74°22’07” W – 77.63 FEET;
N 65°34’34” W – 41.86 FEET;
N 57°06’34” W – 54.40 FEET;
N 39°02’50” W – 66.04 FEET;
N 39°02’50” W – 66.04 FEET;

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N 27°49’27” W – 20.71 FEET TO THE POINT OF BEGINNING AND
CONTAINING 10.00 ACRES

(hereinafter the “10 Acre Parcel”).
5.

Chase removed this action to this Court on April 28, 2014, based upon

complete diversity of citizenship. See 28 U.S.C. § 1441; Docket No. 1.
6.

Pursuant to the parties’ agreement, the 10 Acre Parcel should be substituted

for the 68 Acre Parcel as the security encumbered by the deed of trust recorded at Book
2012, Page 4366 of the land records of Tate County, Mississippi.
7.

This Consent Judgment should be recorded and indexed among the land

records of Tate County, Mississippi as effecting title to the subject property.
8.

The 10 Acre Parcel shall be subject to being foreclosed upon hereafter in

the event Plaintiffs do not cure their default on the underlying indebtedness.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the 10 Acre
Parcel be, and hereby is, substituted for the 68 Acre Parcel as the collateral encumbered
by the deed of trust recorded at Book 2012, Page 4366 of the land records of Tate
County, Mississippi.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Chase may
hereafter proceed with foreclosing on the 10 Acre Parcel pursuant to the deed of trust
recorded at Book 2012, Page 4366, if Plaintiffs do not cure their default on the
underlying indebtedness.
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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this Consent
Judgment be filed and indexed among the land records of Tate County, Mississippi as
effecting title to the subject property.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all other
claims asserted by Plaintiffs in this action be, and hereby are, dismissed with prejudice,
with each party to bear its own costs and attorney’s fees.
SO ORDERED, ADJUDGED AND DECREED this 13th day of March, 2015.
_/s/ Sharion Aycock_______________
UNITED STATES DISTRICT JUDGE
AGREED TO:
s/David M. Slocum, Jr.
David M. Slocum, Jr. (MSB #101846)
329 Tate Street
Senatobia, Mississippi 38668
Telephone: [phone]
Facsimile: [phone]
[e-mail]
s/ Mark H. Tyson
Mark H. Tyson (MS Bar #9893)
Attorney for 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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