Carrington Mortgage Services LLC v. Couch et al

Filing 20

ORDER granting 19 Motion for Default Judgment against all Defendants signed by Judge Ricardo S Martinez. (PM)

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The Honorable Ricardo S. Martinez

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CARRINGTON MORTGAGE SERVICES,
LLC,

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Plaintiff,

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DEFAULT JUDGMENT AGAINST ALL
DEFENDANTS

v.

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Case No.: 16-CV-01501-RSM

KENNETH A. COUCH aka KEN A.
COUCH and VALINDA COUCH aka
VALINDA LEA COUCH, husband and
wife; DOES 1-10; and ALL OTHER
PERSONS, PARTIES, OR OCCUPANTS
UNKNOWN CLAIMING ANY LEGAL
RIGHT, TITLE, LIEN OR INTEREST IN
THE PROPERTY DESCRIBED IN THE
COMPLAINT HEREIN,
Defendants.

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It appearing from the records in the above-entitled action that default was entered pursuant

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to LCR 55(a) against Kenneth A. Couch aka Ken A. Couch; Valinda Couch aka Valinda Lea

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Couch; Does 1-10; and all other persons, parties, or occupants unknown claiming any legal right,

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title, lien or interest in the property described in the complaint herein (collectively, “Defendants”);

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and, it appearing from the Declaration of Plaintiff in support of Motion for Default Judgment and

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the records herein that Plaintiff has established its entitlement to the non-monetary relief sought.

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JUDGMENT ON DEFAULT
(16-CV-01501-RSM) – Page 1

Wright, Finlay & Zak, LLP
3600 15th Avenue W. Suite 200
Seattle, WA 98119
[phone]

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Now, therefore, on request of counsel for Plaintiff, the Default Judgment against
Defendants is hereby adjudged and entered as follows:
1. It is hereby declared that the terms and conditions of the Note and Deed of Trust of the

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subject loan were not reformed by the February 21, 2014 Trial Period Plan under the

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Bank of America Loan Modification Program (“BANA Loan Modification Letter”);

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and, that the original terms of the Note and Deed of Trust remain enforceable.

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2. It is hereby declared that the BANA Loan Modification Letter is deemed rescinded

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and is and was of no force and effect.

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3. It is hereby declared that Plaintiff and Defendants are restored to their respective legal

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position with respect to the Note and Deed of Trust as of the time just prior to the

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BANA Loan Modification Letter.

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4. It is hereby declared that Defendants are required to tender monthly installment
payments in accordance with the original terms of the Note and Deed of Trust.

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DATED: August 1, 2017.
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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:
WRIGHT, FINLAY & ZAK, LLP
/s/ Laura N. Coughlin____________
Laura N. Coughlin, WSBA# 46124
Attorney for Plaintiff

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JUDGMENT ON DEFAULT
(16-CV-01501-RSM) – Page 2

Wright, Finlay & Zak, LLP
3600 15th Avenue W. Suite 200
Seattle, WA 98119
[phone]