U.S. Bank National Association v. Edwards et al

Filing 128

AMENDED JUDGMENT AND DECREE OF FORECLOSURE: Plaintiff U.S. Bank National Associations Motion for Judgment of Foreclosure 125 is GRANTED. Signed on 4/12/2022 by Judge Michael W. Mosman. (Deposited in outgoing mail to pro se party on 4/12/2022.) (kms)

WRIGHT, FINLAY & ZAK, LLP
Lukasz I. Wozniak, OSB 136245
Joseph T. McCormick III, OSB 182760
612 S. Lucile St., Suite 300
Seattle, WA 98108
Tel.: [phone]; Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff and Counter-Defendant U.S. Bank National Association, as Trustee for
Greenpoint Mortgage Funding Trust Mortgage Pass-Through Certificates SERIES 2006-AR4

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
U.S. BANK, NATIONAL ASSOCIATION AS
TRUSTEE FOR GREENPOINT MORTGAGE
FUNDING TRUST PASS THROUGH
CERTIFICATES SERIES 2006-AR4,

Case No.: 3:16-cv-01307-AC

AMENDED JUDGMENT AND DECREE
OF FORECLOSURE

Plaintiff,
vs.
TERENCE EDWARDS; WEST COAST
SERVICING, INC.; GMAC MORTGAGE,
LLC; LSI TITLE COMP ANY OF OREGON,
LLC; AND PERSONS OR PARTIES
UNKNOWN CLAIMING ANY RIGHT,
TITLE, LIEN OR INTEREST IN THE
PROPERTY DESCRIBED IN THE
COMPLAINT HEREIN,
Defendants.

THIS MATTER having come on for hearing this day before the undersigned Judge of the
above-entitled Court upon the motion of the Plaintiff and Counter-Defendant U.S. BANK,
NATIONAL ASSOCIATION AS TRUSTEE FOR GREENPOINT MORTGAGE FUNDING
TRUST PASS THROUGH CERTIFICATES SERIES 2006-AR4's ("Plaintiff') for entry of a

JUDGMENT
Page

11

supplemental judgment and decree of foreclosure. The Court, having reviewed the motion and the
record, any opposition, the record to date, and being otherwise duly advised in the premises, does
hereby
ORDER AND ADmDGE THAT:
Plaintiff, U.S. BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR GREENPOINT
MORTGAGE FUNDING TRUST PASS THROUGH CERTIFICATES SERIES 2006-AR4, be
awarded judgment against Defendants TERENCE EDWARDS; WEST COAST SERVICING,
INC.; GMAC MORTGAGE, LLC; and PERSONS ORPARTIES UNKNOWN CLAIMING ANY
RIGHT, TITLE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THE
COMPLAINT HEREIN as set forth below.
JUDGMENT SUMMARY

Judgment Creditor:

U.S. BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR
GREENPOINT MORTGAGE FUNDING TRUST PASS
THROUGH CERTIFICATES SERIES 2006-AR4

Total Judgment:

$536,346. 71

Judgment Interest Rate:

4.000% per annum

Judgment Creditor's
Attorney:

Wright, Finlay, & Zak, LLP
612 S. Lucile St., Suite 300
Seattle, WA 98108

Judgment Debtors:

TERENCE EDWARDS

Judgment Debtor's
Attorney:

Pro Se

Assessor's Property
Tax Parcel No.:

Rl53688, 1S3E04CA-11200

Property Address:

1673 NE Towle Terr., Grisham, OR 97030

ruDGMENT
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12

Judgment Calculations
Amounts Due and Owing to Judgment Creditor

Unpaid Principal Balance

$282,670.66

Interest through 3/1/2022 at 4.00%

$137,507.49

Escrow balance

$74,498.96

Previous attorneys' fees and costs

$6,544.95

Misc. fees/costs

$111.00

Late charges

$1,027.70

Property preservation/inspection

$1,907.75

Subtotal through 3/1/2022

$504,268.51

Recoverable fees and costs

Fees and costs awarded 5/31/2019

$28,517.20

Additional attorney's fees:

$3,561.00

Total fees and costs:

$32,078.20

I Total Judgment:

I $536,346.71

Per diem interest in the amount of $26.14 will continue to accrue from March 1, 2022,
through the date of entry of this judgment.
IT IS FURTHER ORDERED, ADillDGED AND DECREED that is the Total Judgment
amount is not tendered to Plaintiff immediately, then said sum shall be satisfied from the sale if
the Property. The total judgment amount shall accrue interest at the interest rate of 4.00% per year
until paid in full. It is further
ORDERED, ADillDGED AND DECREED that the Deed of Trust, recorded in the
Multnomah County Recorder's Office on June 28, 2006, as Instrument No. 2006-119106, securing

mDGMENT
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the real property ("Property") described as:
LOT 7, BLOCK 2, EASTWOOD EESTATES, IN THE CITY OF GRESHAM,
COUNTY OF MULTNOMAH, STATE OF OREGON
Parcel No. R153688, 1S3E04CA-11200
Commonly Known As: 1673 NE Towle Terr., Grisham, OR 97030

be adjudged and decreed to be a first and paramount lien upon the above-described real estate and
the whole thereof as security for the payment of the judgment herein set forth, and that said Deed
of Trust be foreclosed and the property therein described is hereby ordered sold by the Sheriff of
Multnomah County in the manner provided for by law, and the proceeds therefrom shall be applied
to the payment of the judgment, interest, attorneys' fees and costs, and such other sums as plaintiff
has advanced prior to judgment, and that such sums shall constitute a first and specific lien and
charge upon said real estate, prior and superior to any right, title, estate, lien, or interest of
TERENCE EDWARDS; WEST COAST SERVICING, INC.; GMAC MORTGAGE, LLC; and
PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN OR INTEREST
IN THE PROPERTY DESCRIBED IN THE COMPLAINT HEREIN, and of any one claiming
by, through, or under them; and
3.

TERENCE

EDWARDS;

WEST

COAST

SERVICING,

INC.;

GMAC

MORTGAGE, LLC; and PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT,
TITLE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT
HEREIN, subsequent to June 28, 2006, the date of the Deed of Trust which is foreclosed herein,
be forever barred and estopped from claiming or asserting any right, title, lien, or interest in or to
said property or any part thereof, save and except for the right of redemption as allowed by law;
and

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4.

Plaintiff be granted the right to become a bidder and purchaser at the sale and the

purchaser shall be entitled to exclusive possession of the property upon completion of sale
according to law, and to all right, title, and interest in any rents and profits generated or arising
from the property during the statutory redemption period, and Plaintiff is entitled to such remedies
as are available at law to secure possession, including writ of assistance, if Defendants or any of
them or any other party or person shall refuse to surrender possession to the purchaser immediately
upon purchaser's demand for possession.
5.

If Plaintiffs judgment is not fully satisfied via the sheriffs sale, then it shall be

entitled to a deficiency judgment against TERRENCE EDWARDS.
~

DATED this l ¾ay of April, 2022.

Senior Uni

Submitted by:
/s/ Joseph T. McCormick III
Joseph T. McCormick III, OSB # 182760
612 S. Lucile St., Suite 300
Seattle, WA 98108
PH: [phone]
FAX: [phone]
[e-mail]
Plaintiff/Counter-Defendant

JUDGMENT
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