DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR IXIS REAL ESTATE CAPITAL TRUST 2005- HE4 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005-HE4 v. LINDSEY et al

Filing 14

DEFAULT JUDGMENT granting 13 Motion for Default Judgment. ORDERED that Default Judgment is entered for Plaintiff upon the Complaint against Defendants. ORDERED that the Settlement and Release Agreement and Loan Modification Agreement executed by Lorraine and Raymond Lindsey on or about 12/14/2012 are hereby rescinded and declared void. ORDERED the Clerk will close this case. Signed by Chief Judge Jerome B. Simandle on 8/22/2013. (TH, ) Modified on 8/22/2013 (TH).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR IXIS
REAL ESTATE CAPITAL TRUST 2005
- HE4 MORTGAGE PASS THROUGH
CERTIFICATES, SERIES 2005-HE4,

HON. JEROME B. SIMANDLE
Civil No. 13-2040 (JBS/JS)
DEFAULT JUDGMENT

Plaintiff,
v.
LORRAINE LINDSEY and RAYMOND
LINDSEY,
Defendants.

This matter having come before the Court upon the unopposed
motion of Plaintiff Deutsche Bank National Trust Company, as
Trustee for IXIS Real Estate Capital Trust 2005 - HE4 Mortgage Pass
Through Certificates, Series 2005-HE4 ("Plaintiff") for default
judgment

[Docket

Item

13]

seeking

an

Order

entering

default

judgment against Defendants Lorraine and Raymond Lindsey, for their
failure to answer or otherwise appears as to the Complaint,1

1

The relief sought in the Complaint (as to which Defendants
failed to answer or appear) and in the Amended Complaint (filed
after default was entered) is the same. The Amended Complaint
simply clarifies the jurisdictional averments but asserts no
different basis for relief against Defendants. The Amended
Complaint was thus not required to be re-served upon Defendants,
as Fed. R. Civ. P. 5(a)(2) provides: “No service is required on a
party who is in default for failing to appear. But a pleading
that asserts a new claim for relief against such a party must be
served on that party under Rule 4.” Further, the Court finds it
has subject matter jurisdiction over the case due to diversity of
citizenship, 28 U.S.C. § 1332, and that the case is properly

IT IS this

22nd

day of August, 2013 hereby ORDERED AND

ADJUDGED that the Motion is GRANTED as follows:
1.

Default

Judgment is

entered

for

Plaintiff

upon the

Complaint against Defendants.
2. The Settlement and Release Agreement and Loan Modification
Agreement executed by Lorraine Lindsey and Raymond Lindsey on or
about December 14, 2012 and attached to the Complaint as Exhibits
"A" and "B" are hereby rescinded.
3. The Settlement and Release Agreement and Loan Modification
Agreement executed by Lorraine Lindsey and Raymond Lindsey on or
about December 14, 2012 and attached to the Complaint as Exhibits
"A" and "B" are hereby declared void.
4.

The Clerk will close this case upon the docket.
s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge

venued in the District of New Jersey.