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Wells Fargo Bank, N.A. v. Richmond

United States District Court, M.D. Georgia, Columbus Division

December 17, 2018

WELLS FARGO BANK, N.A. Plaintiff,
v.
JAMES I. RICHMOND, CAPTIAL ONE BANK USA N.A., UNITED STATES OF AMERICA, Defendants.

          Elizabeth Blair Weatherly Elizabeth Blair Weatherly Georgia Bar No. 672518 Ryan Starks Georgia Bar No. 676512 Attorneys for Plaintiff

          Valerie G. Long Valerie G. Long Georgia Bar No. 457485 Attorney for Defendant James I. Richmond Attorney for James I. Richmond

          FINAL JUDGMENT

          CLAY D. LAND UNITED STATES DISTRICT COURT JUDGE

         Plaintiff filed a Complaint [Doc 1] and a Motion [Doc 15] for entry of this Order. The Defendants consent to entry of this Order, subject to its below conditions. Having considered the Motion and the record, the Court finds that a hearing is not required and this Order is entered as follows.

         Under 28 U.S.C. § 1332, jurisdiction exists between Plaintiff, a citizen of South Dakota, Defendant Richmond, a citizen of Georgia and Capital One, a citizen of Virginia. The value of the real property and/or the debt at issue exceeds the principal sum of $76, 000.00. Under 28 U.S.C. § 1331 and 1346, jurisdiction exists as to the United States, which holds a lien interest in the real property at issue in this case, described as:

ALL THAT LOT, TRACT AND PARCEL OF LAND SITUATE, LYING AND BEING IN COLUMBUS, MUSCOGEE COUNTY, GEORGIA, BEING KNOWN AND DESIGNATED AS ALL OF LOT NUMBERED THIRTEEN (13), IN BLOCK LETTERED ‘B', SECTION ONE, BATTLE FOREST, AS SAID LOT IS SHOWN UPON A MAP OR PLAT OF SAID SUBDIVISION DATED SEPTEMBER 10, 1963 MADE BY ALDRIDGE, MOON & ASSOCIATES AND RECORDED IN PLAT BOOK 31, FOLIO 10 IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF MUSCOGEE COUNTY, GEORGIA.
THE IMPROVEMENTS THEREON BEING KNOWN AS 945 VALLEY FORGE ROAD, COLUMBUS, GA 31907 (TAX ID NO. 093-013-019)

         On 2/10/92, Johnnie and Patricia Mason, in whom title was vested, executed a Warranty Deed, conveying the Property to Defendant James, Richmond, recorded 2/13/92, Book 3534, Page 46. On 2/19/08, Richmond executed a Note to Security Atlantic Mortgage Co, for the principal sum of $104, 900.00, now in default. On 2/19/08, Richmond executed a Security Deed to MERS as nominee for Security conveying the Property as collateral for the Note, recorded 3/5/08, Book 9285, Page 132, also in default.

         On 8/16/12, MERS executed an Assignment of the Security Deed to Plaintiff, recorded 4/12/17, Book 12074, Page 280. Security assigned and transferred the Note and/or all interest in the Note to Plaintiff as provided by law. On 2/18/14, Richmond executed a Modification of the Note/Security Deed, recorded 1/6/15, Book 11427, Page 282, also in default.

         On 10/22/08, the United States obtained judgment in the Court against Richmond in the sum of $9, 864.02, recorded 11/18/08, Lien Book 248, Page 321, of which the principal is $6, 496.15; interest is $7, 240.46; and collection fee is $3343.49, totaling $17, 080.10 as of 9/18/18. On 7/11/09, Defendant Capital obtained judgment against Richmond in state court for the sum of $2, 885.71, recorded 7/27/09, Lien Book 290, Page 159.

         Richmond breached Plaintiff's Note and Security Deed, still in effect, not making payments and/or not fulfilling other obligations on them, now in default. Richmond surrendered the Property in his Chapter 13 Bankruptcy No. 13-40824, in the Court, in which Plaintiff's motion for stay relief to pursue this action was granted on 7/31/17. [Bankruptcy Doc 58]

         On 5/25/18, Plaintiff filed suit [Doc 1] for which summons issued [Doc 2-5] and Plaintiff served the Defendants. [Doc 8-11] Richmond and the United States appeared. [Doc 7 and 12] Default was entered against Defendant Capital One.

         By consent of Defendants Richmond and the United States, the Court orders, adjudges and decrees as follows:

         1. Per Count I of the Complaint, the Court declares and establishes Plaintiff holds the senior interest in the Property, its fixtures, appurtenances, rents, contents and insurance, for the principal due on its Note/Security Deed, plus interest, charges, expenses, costs and fees, taxes and abstracting, which are judicially foreclosed against the Property, in which all other claims and interests are ...


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