CitiMortgage, Inc. v. Rogers et al

Filing 13

DEFAULT JUDGMENT against Conjugal Partnership Rogers-Fulgencio, Mireya Fulgencio, Johnny Abraham Rogers. Signed by Judge Francisco A. Besosa on 8/21/13. (re)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
CITIMORTGAGE, INC.,
Plaintiff,
v.

Civil No. 11-2138 (FAB)

JOHNNY ABRAHAM ROGERS, et al.,
Defendants.

JUDGMENT
Upon plaintiff CitiMortgage, Inc.’s application for judgment,
and it appearing from the records of this case that default was
entered by the Clerk of the Court against defendants Johnny Abraham
Rogers, Mireya Fulgencio and their conjugal partnership for their
failure to plead, file an answer to the complaint or otherwise
appear in this case, against which defendants plaintiff is entitled
to a judgment by default, and the Court being fully advised of the
facts,
IT IS ORDERED, ADJUDGED AND DECREED that:
1.

The mortgage constituted by defendants Johnny Abraham

Rogers, Mireya Fulgencio and the Conjugal Partnership constituted
among them by deed Number 40, before Notary Public Ignacio Jose
Gorrin-Maldonado, at San Juan, Puerto Rico, on January 29th, 2001,
securing a mortgage note, payable to the order of Great Atlantic
Mortgage Corporation, further negotiated or endorsed to the order
of plaintiff, is a valid and subsisting mortgage and constitutes a
lien prior to the estate or interest of the defendants, on the

Civil No. 11-2138 (FAB)

2

mortgaged premises, as described in paragraph seventh of the
complaint as follows:
---URBANA:
Solar marcado con el Número 23 de la
Manzana 179 de la URBANIZACIÓN VILLA CAROLINA, radicada
en el Barrio Hoyo Mulas del término municipal de
Canóvanas, Puerto Rico, con un área superficial de 336.00
metros cuadrados.
En lindes por el Norte, con la
Calle #43, distancia de 14.00 metros; por el Sur, con los
solares #15 y #16, distancia de 14.00 metros; por el
Este, con el solar #22, distancia de 24.00 metros; y por
el Oeste, con el solar #24, distancia de 24.00 metros.
Enclava una casa.
---Inscrita al folio 75 del tomo 777 de Carolina.
Registro de la Propiedad de Carolina, Sección Segunda,
Finca 31,223.
2.

Defendants Johnny Abraham Rogers, Mireya Fulgencio and

the Conjugal Partnership constituted among them, as debtors under
the note and as current owners of the land and buildings described,
are ordered and adjudged to pay unto plaintiff CitiMortgage, Inc.
the sum of $133,604.90 of the principal on the mortgage note, plus
interest at the rate of 5.6250% per year from November 1st, 2010
until complete and full payment of principal, plus costs, charges,
disbursements and attorneys’ fees in the amount of $11,905.90, plus
all expenses and advances made by the plaintiff.
3.

On November 26th, 2008, defendants Johnny Abraham Rogers

and Mireya Fulgencio, subscribed a Loan Modification Agreement in
which the following terms of the mortgage note above mentioned were
modified:
a.

Unpaid principal balance: $141,202.07.

b.

Interest:

5.625% effective December 1st, 2008.

Civil No. 11-2138 (FAB)
c.

3

Monthly payments: $929.93 (which do not include any

amount required for Insurance or Taxes) beginning January 1st,
2009.
d.
4.

Maturity date:

February 1st, 2031

In default of the payment of these sums or of any part of

them within ten (10) days from the date of entry of this judgment,
the mortgaged property described in paragraph one (1), shall be
sold at public auction to its highest bidder, without an appraisal
or

right

of

redemption, for

the payment

and

satisfaction

of

plaintiff’s debt within the limits secured by the mortgage.
5.

Pedro A. Vélez-Baerga is appointed Special Master to

conduct the sale, but the Special Master shall not proceed to carry
out the sale, or do anything in connection with it, until further
order of this Court and under the form and conditions to be
directed by the Court.
6.

The sale to be conducted by the Special Master shall be

subject to the confirmation of this Court, and the purchaser or
purchasers

of

possession.

the

property

shall

be entitled

to

receive

its

The minimum bid to be accepted at the first public

sale in accordance with the mortgage deed is $119,059.00.
7.

Any funds derived from the sale conducted in accordance

with the terms of this judgment and those further orders of this
Court shall be applied as follows:
a.

To the payment of all proper expenses attendant upon

the sale, including the expenses, outlays and compensation of the
Special Master.

After the compensation and expenses shall have

Civil No. 11-2138 (FAB)

4

been fixed and approved by the Court, all expenses will be deducted
from the sum of $11,905.90 provided in the deed of mortgage for
costs, charges and disbursements, expenses and attorneys’ fees.
b.

To the payment of all expenses and advances made by

the plaintiff in an amount not to exceed $11,905.90.
c.

To the payment of that part of the indebtedness owed

to plaintiff up to the amount of $133,604.90 of principal, with
interest on the principal from November 1st, 2010 until the date of
full payment, at the rate of 5.6250% per year, plus the balance of
the sum of $11,905.90 for costs, charges, disbursements, expenses
and attorney’s fees, after deduction of the expenses mentioned in
subparagraph (a).
d.

If after making all the above payments there shall

be a surplus, it shall be delivered to the Clerk of the Court,
subject to further orders of the Court.
8.

Plaintiff may apply to this Court for those further

orders as it may deem advisable to its interest, in accordance with
the terms of this judgment.
IT IS SO ORDERED.
San Juan, Puerto Rico, August 21, 2012.
s/ Francisco A. Besosa
FRANCISCO A. BESOSA
UNITED STATES DISTRICT JUDGE