Matrix Financial Services Corporation v. Moseley et al

Filing 22

DEFAULT JUDGMENT in favor of Lakeview Loan Servicing, LLC against Angela Wilson, James Moseley, Sr, Michael A. Wilson. Signed by Chief Judge James C. Dever III on 12/14/2016. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 5:15-cv-505-D

LAKEVIEW LOAN SERVICING, LLC,
Plaintiff,
vs.
JAMES MOSELEY, SR., ANGELA
WILSON, MICHAEL A. WILSON, and
the UNITED STATES DEPARTMENT
OF TREASURY, INTERNAL
REVENUE SERVICE

DEFAULT JUDGMENT AGAINST
DEFENDANT JAMES MOSELEY, SR.,
ANGELA WILSON, AND MICHAEL A.
WILSON

Defendants.

This matter comes before the Court on the Plaintiffs Motion for Default Judgment against
Defendants James Moseley, Sr., Angela Wilson, and Michael A. Wilson, pursuant to Rule 55(b)
of the Federal Rules of Civil Procedure. Based upon a review of the pleadings and other matters
of record in this case, this Court finds and concludes as follows:
1.

A Complaint was filed and summonses issued in this action on July 31, 2015 with

the Granville County Superior Court (File No. 15-CVS-663). This matter was removed to this
Court on September 25, 2015 by the United States Department of Treasury, Internal Revenue
Service. (See Dk. No. 1).
2.

The summons and Complaint were served upon all parties, and the time for

pleading, answering or otherwise responding has expired.
3.

Defendants James Moseley, Sr., Angela Wilson, and Michael A. Wilson have not

responded to the Complaint, and Default against these Defendants was duly entered by this Court
on June 7, 2016.

4.

The instant action relates to a parcel of real property located atJ20 Rectory Street,

Oxford, Granville County, North Carolina, 27565 (the "Subject Property"), and a Deed of Trust
for the Subject Property, executed by Defendant James Moseley, Sr. and in the amount of
$116,674.00, which was recorded on October 18, 2007 at Book 1235, Page 808 ofthe Granville
County Registry ("2007 Deed of Trust").
5.

The 2007 Deed of Trust contains the correct address and parcel identification

number for the Subject Property, but Exhibit A of the 2007 Deed of Trust does not contain an
accurate legal description for the Subject Property.
6.

The legal description on Exhibit A of the 2007 Deed of Trust was an unintentional

and mutual mistake that does not reflect the actual intention of the parties. The 2007 Deed of Trust
should be reformed to reflect the true and accurate legal description of the Subject Property.
7.

Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, this Court has the

authority to direct a final judgment as to fewer than all the parties when there is no just reason for
delay. Based upon the representations by Plaintiff regarding an agreement with Defendant Internal
Revenue Service ("IRS"), there is no concern for inconsistent verdicts following the entry of this
Default Judgment. Accordingly, good cause exists and there is no just reason to delay entry of this
Default Judgment against Defendants James Moseley, Sr., Angela Wilson, and Michael A. Wilson.
8.

Plaintiffs Motion for Default Judgment should be granted, and Judgment should

be entered against Defendant James Moseley, Sr., Angela Wilson, and Michael A. Wilson in
accordance with the prayer for relief set forth in the Complaint.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECLARED as follows:
1.

Plaintiffs Motion for Default Judgment is granted.

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2.

As to the Subject Property located at 120 Rectory Street, Oxford, Granville County,

North Carolina, 27565, the 2007 Deed of Trust, on October 18, 2007 atBook 1235, Page 808 of
the Granville County Registry, shall be reformed such that the current Exhibit A shall be deleted
in its entirety, and the Legal Description in the 2007 Deed of Trust shall be and shall read, and
shall be effective from and retroactive to the date of filing, being October 18~2007, as follows:
A certain lot or parcel of land situate on the south side of Rectory Street in the
City of Oxford and particularly described as follows:
BEGINNING at a point on the south side of Rectory Street 181.5 feet S. 63 deg.
30' W. from the point of intersection ofthe south line ofRectory Street and the
west line of New College Street; thence from said point along the line of (now
or formerly) Mrs. L. G. Breedlove, South 26 degrees 30 minutes East 240 feet
to a point in the line of (now or formerly) L. W. Stark, deceased; thence from
the line of (now or formerly) S.W. Stark N. 63 deg. 30' E 96 feet to a point;
thence from said point along the line of(now or formerly) L. W. Stark, A.H.A.
Williams and Mrs. M.A. King, N. 26 de g. 30' W. 240 feet to a point in the south
side of Rectory Street; thence with the outside of Rectory Street S. 63 deg. 30
W. 96 feet to the point of beginning.
For further reference see Deed Book 220, at Page 841, DeedBook 252, at Page
551, and Deed Book 699, at Page 915, Granville County Registry.
Parcel ID: 192313048088
3.

That the reformation set forth in this Judgment shall relate back and be retroactive

from the date of filing of the 2007 Deed of Trust, being October 17,2007, such that the 2007 Deed
of Trust is a valid and enforceable, first priority lien upon the entire fee simple interest in the
Subject Property.
4.

This Default Judgment does not alter, modify, or remove any of the IRS Tax Liens.

5.

That this Judgment may be recorded in the public land records of the Granville

County, North Carolina for the purpose of establishing record notice of this proceeding in the chain
of title ofthe property.

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SO ORDERED. This 1i_ day of December

'2016.

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