MTGLQ Investors, LP v. Wellington et al

Filing 100

STIPULATED JUDGMENT FORECLOSING THE INTEREST OF JPMORGAN CHASE BANK, N.A. by District Judge Kenneth J. Gonzales. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MTGLQ INVESTORS, LP,
Plaintiff,
vs.

CIVIL NO. 1:17-cv-00487-KG-LF

MONICA L. WELLINGTON, THE MONICA L. WELLINGTON DECLARATION OF
TRUST DATED DECEMBER 28, 2007, ALTURA VILLAGE HOMEOWNERS'
ASSOCIATION, INC., JPMORGAN CHASE BANK, N.A., AND THE UNKNOWN SPOUSE
OF MONICA L. WELLINGTON (KNOWN AS EDMUND ROBINSON),
Defendant.
STIPULATED JUDGMENT FORECLOSING THE INTEREST OF JPMORGAN
CHASE BANK, N.A.
THIS MATTER having come before this Court upon the stipulation of Plaintiff MTGLQ
Investors, LP and Defendant JPMorgan Chase Bank, N.A., and the Court having read and
reviewed the file and being otherwise fully advised on the premises FINDS:
1.

This Court has jurisdiction over the parties and the subject matter of this action.

2.

The interest of Plaintiff is a first and prior lien upon the following described real

property:
Lot numbered Twenty-nine (29) of ALTURA VILLAGE, being a Replat of Tracts
A1 Netherwood Park, Addition, as the same is shown and designated on the Plat
of said addition, filed in the Office of the County Clerk of Bernalillo County, New
Mexico, on December 3, 1997, in Plat Book 97C, folio 341, which property is
more commonly described as 2124 Altura Verde Ln Ne, Albuquerque, NM 87110
(the “Property”).

3.

JPMorgan Chase Bank, N.A. claims no interest in the Property, through

assignment or otherwise, and the Court concludes as a matter of law that Plaintiff has standing
and is entitled to the relief demanded in the Complaint as against JPMorgan Chase Bank, N.A.

STIPULATED JUDGMENT FORECLOSING THE INTEREST OF JPMORGAN CHASE BANK, N.A. –

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IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that:
A. Plaintiff shall have an in rem judgment foreclosing the interest of JPMorgan Chase
Bank, N.A.
B. The interests in the Property of JPMorgan Chase Bank, N.A are foreclosed in favor of
Plaintiff and shall be subject to foreclosure sale as further ordered by this Court.
C. That this Judgment is hereby entered as a final Judgment herein as to the matters
encompassed hereby, and this Court retains jurisdiction of these proceedings for all other issues
arising from the Complaint, including but not limited to, disposing the interest of all remaining
parties, entering judgments, ordering sale, appointing a special master, confirming the
foreclosure sale; assisting the purchaser at the foreclosure sale, or its successors or assigns, in
obtaining possession of the property, if necessary; and for determining all other issues presented
in this action and not specifically ruled on in this Judgment.

_____________________________________
UNITED STATES DISTRICT JUDGE

SUBMITTED BY:
WEINSTEIN & RILEY, P.S.
/s/
Elizabeth V. Friedenstein
5801 Osuna Rd. NE, Suite A-103
Albuquerque, NM 87109
[phone]
[e-mail]
Attorney for Plaintiff

STIPULATED JUDGMENT FORECLOSING THE INTEREST OF JPMORGAN CHASE BANK, N.A. –

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APPROVED AS TO FORM:

/s/ Gregory M. Sudbury
Gregory M. Sudbury
Quilling, Selander, Lownds, Winslett & Moser P.C.
2001 Bryan Street, Suite 1800
Dallas, TX 75201
214-871-2100
[e-mail]
Attorney for Defendant JPMorgan Chase Bank, N.A.
And
Edward DeV. Bunn, Jr.
FIRTH JOHNSTON BUNN KERR
415 N. Mesa, Third Floor
El Paso, Texas 79901
[phone]
[e-mail]
Attorney for Defendant JPMorgan Chase Bank, N.A.
Notice to:
Monica L. Wellington
13061 Brookpark Rd.
Oakland, CA 94619
[phone]

STIPULATED JUDGMENT FORECLOSING THE INTEREST OF JPMORGAN CHASE BANK, N.A. –

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