Williams v. McGee, et al

Filing 136

AGREED FINAL JUDGMENT: that any and all claims brought by Plaintiffs against Homecomings and the Trustee in this civil action shall be, and hereby are, DISMISSED WITH PREJUDICE with each party to bear its respective costs, fees and expenses. It is fu rther, that Homecomings and the Trustee are entitled to judgment on their counterclaim against Plaintiffs for breach of contract and possession of the Subject Property. It is further, that Homecomings and the Trustee are entitled to immediate possess ion of the Subject Property. Pursuant to the agreement of the parties, the Plaintiffs have agreed to peacefully vacate the premises on or about August 15, 2009. that this is a Final Judgment within the meaning of the Federal Rules of Civil Procedure and that any appeal of this Order must be brought within the time provided by law from the date of entry of same.Signed by District Judge Henry T. Wingate on 7/29/09 (SEC)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION CHRISTOPHER WILLIAMS and SHELEITHE WILLIAMS VS. PATRICK V. MCGEE, HOMECOMINGS FINANCIAL NETWORK, INC.; RICHARD M. LINGLE, PLLC; AMSTAR; PREMIER MORTGAGE; JP MORGAN CHASE BANK; and JOHN DOES 1 - 10

PLAINTIFFS CIVIL ACTION NO. 3:06CV592-HTW-LRA

DEFENDANTS

AGREED FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE CAME BEFORE THE COURT FOR HEARING the joint motion ore tenus of Plaintiffs Christopher Williams and Sheleithe Williams ("Plaintiffs") and Defendants/Counter-Plaintiffs Homecomings Financial, LLC, formerly known as Homecomings Financial Network, Inc. ("Homecomings") and Bank of New York Trust Company, N.A., successor to JP Morgan Chase Bank, N.A. (the "Trustee") (collectively, "Homecomings") seeking the entry of an Agreed Final Judgment of Dismissal with Prejudice resolving the claims at issue between them in this matter. The Court, having considered the matter and finding all interested parties in agreement, finds that the motion is well taken and should be granted. Thus, the Court FINDS that this case arises from a mortgage loan transaction related to real property located at 325 Kingsbridge Road, Madison, Mississippi 39110 (the "Subject
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Property"). The Court further FINDS that Homecomings, through the Trustee, previously foreclosed on the subject property on September 8, 2006. The Court further FINDS that Homecomings, through the Trustee, previously obtained an Order and Judgment for Possession of the Subject Property entered on November 17, 2006, which provided that Homecomings' substitute trustee, the Trustee, was the "rightful owner in fee simple with full rights of possession" of the Subject Property. Based on these findings, it is, therefore, ORDERED AND ADJUDGED that any and all claims brought by Plaintiffs against Homecomings and the Trustee in this civil action shall be, and hereby are, DISMISSED W ITH PREJUDICE with each party to bear its respective costs, fees and expenses. It is further, ORDERED AND ADJUDGED that Homecomings and the Trustee are entitled to judgment on their counterclaim against Plaintiffs for breach of contract and possession of the Subject Property. It is further, ORDERED AND ADJUDGED that Homecomings and the Trustee are entitled to immediate possession of the Subject Property. Pursuant to the agreement of the parties, the Plaintiffs have agreed to peacefully vacate the premises on or about August 15, 2009.

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ORDERED AND ADJUDGED that this is a Final Judgment within the meaning of the Federal Rules of Civil Procedure and that any appeal of this Order must be brought within the time provided by law from the date of entry of same. SO ORDERED AND ADJUGED, this the 29th day of July, 2009.

S/ HENRY T. WINGATE ______________________________________ CHIEF UNITED STATES DISTRICT JUDGE
SUBMITTED BY: _________________ s/ H. Curtis Crowley H. Curtis Crowley (MSB No. 99556) The Crowley Law Firm P.O. Box 4673 Jackson, Mississippi 39296 ATTORNEY FOR PLAINTIFFS CHRISTOPHER AND SHELEITHE WILLIAMS s/ P. Ryan Beckett _________________ P. Ryan Beckett (MSB No. 99524) BUTLER, SNOW, O'MARA, STEVENS & CANNADA, PLLC 17th Floor, AmSouth Plaza Post Office Box 22567 Jackson, Mississippi 39225-2567 ATTORNEYS FOR DEFENDANT HOMECOMINGS FINANCIAL NETWORK, INC. Civil Action No. 3:06-cv-592 HTW-LRA Agreed Final Judgment of Dismissal with Prejudice

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