BAC Home Loans Servicing, LP v. Powell, et al

Filing 66

ORDER granting 64 Joint MOTION To Enter Consent Order Relative to Defendant United States Department of Housing and Urban Development. Signed by Senior Judge James C. Fox on 5/17/2012. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

Civil Action No.: S:11-cv-000S1-F
BAC HOME LOANS SERVICING,

LP F/K/A COUNTRYWIDE

HOME LOANS SERVICING, LP,

Plaintiff,
vs.
IVAN POWELL; CANDACE POWELL;
CARLTON GROUP OF NORTH
CAROLINA, LLC;
CARLTON CONSTRUCTION CORP.
PENSION FUND; MURDOCK AND
GANNON CONSTRUCTION, INC.;
UNITED STATES DEPARTMENT OF
HOUSING & URBAN DEVELOPMENT;
NATIONWIDE TRUSTEE SERVICES,
INC; CACH, LLCi
GRANITE RIDGE SUBDIVISION
HOMEOWNERS ASSOCIATION, INC.,

CONSENT ORDER RELATIVE
TO DEFENDANT UNITED
STATES DEPARTMENT OF
HOUSING &: URBAN
DEVELOPMENT

Defendants.

Plaintiff has filed the above-styled action seeking both
reformation of instruments of title relative to that certain
real

property

Raleigh,

located

at

2701

North Carolina 27601

Cabochon

Diamond

(hereinafter

Court,

"the property")

and an order of judicial foreclosure pursuant to a default by
Defendants

Ivan

Powell

and

Candace

Powell

obligations set forth in a Promissory Note

under

payment

(hereinafter "the

Note") and a Deed of Trust (hereinafter "the DOT") of both of

which Plaintiff is the current holder of record.
IT APPEARING TO THE COURT that Plaintiff and Defendant
United States Department of Housing & Urban Development have
reached an agreement in this matter and that all parties by
the signature or signatures of their authorized principal(s)
or counsel below hereby indicate their intention and consent
to be bound by this interlocutory Consent Order and the terms
herein containedi and now, therefore, it is hereby
ORDERED
Defendant

AND

United

Development,

the

ADJUDGED
States
Plaintiff

that

as

Department
shall

be

between
of

Plaintiff

Housing

entitled,

in

and

& Urban
a

final

judgment in the above-styled action, to the following relief:
1.

The property description set forth in that certain

warranty Deed recorded at Book 9100,

Page 1251 of the Wake

County, N.C. Registry of Deeds ("Warranty Deed No. 1") shall
be reformed so that said description shall read as follows:
"Being all of Lot 109 Granite Ridge Subdivision, Phase
Two, as shown on plat recorded in Book of Maps 2001,
Page 1322, Wake County Registry."
Warranty Deed No.

1 as reformed shall be declared to

have transferred the Property as of the date and time of its
recording in the Wake County, N.C. Registry of Deeds, which
was October 2, 2001 at 12:03:51.
2.

The property description set forth in that certain

Warranty Deed recorded at Book 9100,

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Page 1255 of the Wake

County, N.C. Registry of Deeds

("Warranty Deed No. 2")

shall

be reformed so that said description shall read as follows:
"Being all of Lot 109 Granite Ridge Subdivision, Phase
Two, as shown on plat recorded in Book of Maps 2001,
Page 1322, Wake County Registry./I
Warranty Deed No.

2 as reformed shall be declared to

have transferred the Property as of the date and time of its
recording in the Wake County, N.C. Registry of Deeds,

which

was October 2, 2001 at 12:03:51.
3.

The property description set forth in that certain

Warranty Deed recorded at Book 9481,

Page 1630 of the Wake

County, N.C. Registry of Deeds ("Warranty Deed No. 3/1)

shall

be reformed so that said description shall read as follows:
"Being all of Lot 109 Granite Ridge Subdivision, Phase
Two, as shown on plat recorded in Book of Maps 2001,
Page 1322, Wake County Registry./I
Warranty Deed No.

3 as reformed shall be declared to

have transferred the Property as of the date and time of its
recording in the Wake County, N.C. Registry of Deeds, which
was July 2, 2002 at 10:38:04.
4.

The property description set forth in that certain

Deed of Trust recorded at Book 9481,

Page 1633 of the Wake

County, N.C. Registry of Deeds ("the DOT")

shall be reformed

so that said description shall read as follows:
"Being all of Lot 109 Granite Ridge Subdivision, Phase
Two, as shown on plat recorded in Book of Maps 2001,
Page 1322, Wake County Registry."

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The Deed of Trust as reformed shall be declared to be a
valid

and

enforceable

lien

upon

the

Property

and

shall

further be declared to have priority over all other liens and
encumbrances as of the date and time of its recording in the
Wake County, N.C. Registry of Deeds, which was July 2,

2002

at 10:38:04.
Plaintiff,

5.

Nationwide

Trustee

by and through its Substitute Trustee,
Services,

Inc.,

acting

as

Commissioner

shall be authorized to conduct a judicial foreclosure sale of
the fee interest in the property, subject to any prior liens,
and pursuant and in accordance with Article 29A, Chapter 1 of
the

North

Carolina

General

Statutes

(Sections

1-339

et.

seq. ) .

6.

The

judicial

foreclosure

sale

of

the

Property

shall take place at a public auction to the highest bidder
at

the

Wake

County

Courthouse,

North

Carolina,

with

a

deposit of cash or certified funds upon the close of the
bidding in the amount of ten percent of the final bid.
7.

After the judicial foreclosure has been finalized

and completed pursuant
bidder

at

the

to North Carolina

foreclosure

sale

may

law,

apply

for

the highest
a

Writ

of

Possession and, after said application has been filed and the
ten day period has elapsed,

a Writ of Possession shall be

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granted
Plaintiff

to

the

highest

bidder

at

shall notify Defendant of

the

foreclosure

sale.

the

completion of

the

foreclosure and shall provide a copy of the final report of
sale.
8.

A certified copy of the final judgment entered in

the above-styled action shall be recorded in the Wake County,
N.C. Registry of Deeds and shall cross reference:
(a)

Warranty Deed No.1 recorded on October 2, 2001 at

Book 9100, Page 1251;
(b)

Warranty Deed No.2 recorded on October 2, 2001 at

Book 9100, Page 1255;
(c)

Warranty Deed No.

3 recorded on July 2,

2002 at

Book 9481, Page 1630; and,
(d)

the Deed of Trust recorded on July 2, 2002 at Book

9481, Page 1633.

Dated this

1'7

ttl
day of ______~~~~~-----' 2012.

'-j~
J

S

S C. FOX
lOR UNITED STATES DISTRICT JUDGE

(additional signatures on following page)

Prepared, presented and consented to
by:

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lsi Andrew R. Bickwit
Andrew R. Bickwit
JOHNSON & FREEDMAN, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
Phone:
[phone]
Fax:
[phone]
[e-mail]
N.C. Bar No. 13255
Attorney for Plaintiff

Consented to by:
THOMAS G. WALKER
United States Attorney
lsi Seth M. Wood
Seth M. Wood
Assistant United States Attorney
Civil Division
310 New Bern Avenue, Suite 800
Raleigh, North Carolina 27601-1461
Phone:
[phone]
Fax:
[phone]
[e-mail]
D.C. Bar No. 491011
Attorney for Defendant United States Department
of Housing & Urban Development

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