MTGLQ Investors, LP v. Wellington et al

Filing 204

JUDGMENT OF FORECLOSURE AND SALE, AND APPOINTMENT OF SPECIAL MASTER by District Judge Kenneth J. Gonzales. Margaret Lake appointed as Special Master. (tah)

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

Civ. No. 17-487 KG/LF

MONICA L. WELLINGTON,
Defendant.
JUDGMENT OF FORECLOSURE AND SALE, AND
APPOINTMENT OF SPECIAL MASTER
This matter comes before the Court upon the Court’s entry of Summary Judgment in
Favor of Plaintiff in which the Court determined that Plaintiff “is entitled to foreclose on the
property which is the subject of the Note and Mortgage at issue in this foreclosure action.” (Doc.
179). The Court having read and reviewed the filings in this case 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. Plaintiff has standing to pursue this foreclosure action. (Doc. 71).
3. On June 22, 2018, the Court dismissed Plaintiff’s claims against Defendant Monica L.
Wellington’s unknown spouse. (Doc. 83).
4. On August 21, 2018, the Court entered a Stipulated Judgment Foreclosing the Interest
of JP Morgan Chase Bank. N.A. (Doc. 100).
5. On July 22, 2019, the Court entered default foreclosure judgments in favor of Plaintiff
and against The Monica L. Wellington Declaration of Trust Dated December 28, 2007, and
Altura Village Homeowners’ Association, Inc. (Doc. 169).

6. The allegations of the Complaint for Debt and Money Due and for Foreclosure (Doc.
1-1) are sustained by the evidence and are hereby adopted as findings of fact, and the Court
concludes as a matter of law that Plaintiff is entitled to the relief demanded in the Complaint for
Debt and Money Due and for Foreclosure.
7. Payment of the principal and interest on the Note described in the Complaint for Debt
and Money Due and for Foreclosure are in default and there is due and owing on the Note the
following amounts:
Principal Balance
Interest (from Nov. 1, 2018, at the rate of 5.750%)
Corporate Advances
Property Inspections $725.22
Property Preservation $35.00
Escrow Advance
Hazard Insurance $7,631.50
Taxes $10,063.45

$125,049.37
$55,724.67
$760.22

Total Amount

$199,229.21

$17,694.95

Excluding any subsequent award of reasonable attorney fees and costs, the total
amount of judgment is $199,229.21, plus interest from November 1, 2018, at the rate of
5.750% per year, until the property is sold pursuant to this Judgment of Foreclosure.
The judgment amount 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.

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IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that:
A. Plaintiff shall have an in personam judgment against Defendant Monica L.
Wellington of $199,229.21, plus interest from November 1, 2018, at the rate of 5.750%
per year, until the date of the Special Master’s sale, plus the costs of the sale, including the
Special Master’s fee of $225.00, plus tax, plus any additional attorney fees and costs
actually expended from the date of this Judgment of Foreclosure until the date of the
Special Master's sale, plus those additional amounts, if any, which Plaintiff will be
required to pay prior to termination of this action for property taxes and insurance
premiums or any other cost of upkeep of the property of any sort. The entire judgment
amount, as described herein, is secured by a Mortgage upon the above described property
and constitutes a first lien on that property.
B. Plaintiff reserves the right to petition the Court for entry of a deficiency
judgment in the event sale proceeds are insufficient to satisfy its judgment.
C. The interests in the property of all parties hereto are foreclosed and the real
property described above is ordered sold by Margaret Lake, appointed Special Master, at
public auction to the highest bidder for cash according to the laws of this state and the
practices of this Court. In the event the Special Master is unable to conduct the sale when
scheduled, she may designate a successor to act as Special Master. Without further notice,
said successor may conduct the sale, notice of which may have been published in the
name of the original Special Master. The Special Master is empowered to postpone the
date and time of the sale in the event she deems such postponement advisable, and may
sell the property at such postponed public sale on the terms set forth herein. Postponement
of the public sale of the property may be effected by the Special Master appearing and

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announcing to all persons attending at the time, date, and place originally published for the
public sale, the fact that the sale is postponed and the new time, date, and place at which
the postponed public sale will be conducted. In addition, a notice of the postponement of
the public sale shall be filed with the Court and served in the same manner and upon the
same persons or entities as were served with the original Notice of Sale; no additional
newspaper publication of such postponed public sale shall be required. The purchaser
shall have the right to immediate possession of the property.
D. The proceeds of the sale shall be applied in the following priorities:
1) FIRST, the costs and expenses of the sale including a fee of $225.00,
plus tax for a Special Master’s fee;
2) SECOND, any additional advances made by Plaintiff as allowed
by this Judgment of Foreclosure;
3) THIRD, to Plaintiff in the amount of its judgment as described above;
4) FOURTH, additional surplus monies, if any, to be distributed in
accordance with the further order of the Court.
E. If personal property remains at the real property after the occupants vacate, the
personal property is deemed abandoned, and the purchaser may dispose of the property in
any manner allowed by law.
F. Plaintiff may bid for and acquire the property and in lieu of paying cash
therefor may make settlement for the purchase price by crediting upon the indebtedness
secured by the Mortgage the net sales price after deducting therefrom the costs and
expenses of the sale and any additional advances made by Plaintiff as allowed by this
Judgment of Foreclosure and the Mortgage.

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G. The property will be sold free and clear of all liens of the parties hereto and of
all persons claiming an interest by virtue of any instrument filed for record after January
26, 2017, at 8:11 AM, the date and time Plaintiff recorded its Notice of Lis Pendens in the
records of Bernalillo County, New Mexico. All the defendants and all persons claiming
under them, and all other persons bound by these proceedings are barred and foreclosed of
any right, title, interest, or claim in or to the property, subject only to a one month period
of redemption set forth in the Mortgage, provided that the right of redemption shall not
apply to any defendant found and adjudged to have disclaimed an interest in and to the
property.
H. This Judgment of Foreclosure is hereby entered as a final Judgment herein as
to the matters encompassed hereby, and this Court retains jurisdiction of these
proceedings for the purpose of confirming the foreclosure sale; assisting the purchaser at
the foreclosure sale, or its successors or assigns, in obtaining possession of the property, if
necessary; entering a deficiency judgment upon approval of the Special Master's Report
subsequent to the foreclosure sale, if necessary, and for determining all other issues
presented in this action and not specifically ruled on in this Judgment of Foreclosure.

_______________________________
UNITED STATES DISTRICT JUDGE

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