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Deutsche Bank National Trust Company v. Bosley

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

December 18, 2018

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2005 R-1, UNDER THE POOLING AND SERVICING AGREEMENT DATED FEBRUARY 1, 2005 Plaintiff,
v.
JACQUELINE BOSLEY A/K/A JACQUELINE CATHERINE GOODSON, TABITHA VANHOUSEN A/K/A TABITHA ANN BOSLEY VANHOUSEN, BENEFICIAL MORTGAGE CO. OF GEORGIA Defendants.

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

          FINAL JUDGMENT

          The Honorable Clay D. Land Judge, United States District Court, Middle District of Georgia, Columbus Division

         Plaintiff filed a Complaint [Doc 1] and a Motion [Doc 16] for entry of this Order. 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 New York, Defendant Jacqueline Bosley, a citizen of Georgia, Defendant Tabitha Vanhousen, a citizen of Alabama, and Defendant Beneficial Mortgage Co., a citizen of Illinois. The value of the real property and/or the debt at issue exceeds the principal sum of $75, 000.00. The real property at issue in this case is described as:

All that lot, tract and parcel of land situate, lying and being in Columbus, Muscogee County and State of Georgia, being known and designated as all of Lot Numbered Thirty (30) in Block Lettered “Q” Re-plat of Lots 1 and 2, Block “Q” Victory Heights, as said lot is shown upon a Map or Plat of said subdivision dated April 29, 2980, made by Moon, Meeks & Patricks, Inc., and recorded in Plat Book 75, folio 26 in the office of the Clerk of Superior Court of Muscogee County, Georgia to which reference is made for the particular location and dimensions of said lot.

         The property is more commonly known by its address of: 7744 Aurora Drive, Columbus, GA 31909-1602 (“Property”).

         On January 23, 1985, Barbara Fields, in whom title was vested, executed a Warranty Deed, conveying the Property to Randy C. Bosley (“Mr. Bosley”) and Mary A. Bosley, recorded February 6, 1985, in Deed Book 2416, Page 96, Muscogee County, Georgia records (“Warranty Deed”). On December 10, 1998, Mary Bosley executed a Quitclaim Deed conveying her interest in the property to Mr. Bosley, recorded December 10, 1998, in Deed Book 5138, Page 305, Muscogee County, Georgia records (“Quitclaim Deed”).

         Mr. Bosley executed a Promissory Note on January 20, 2005, to Ameriquest Mortgage Co. (“Ameriquest”) for the principal sum of $75, 163.00 (“Note”). On January 20, 2005, Mr. Bosley executed a Security Deed to Ameriquest conveying the Property as collateral for the Note, recorded on January 28, 2005, in Deed Book 7756, Page 326, Muscogee County, Georgia records (“Senior Security Deed”).

         On November 11, 2008, Randy C. Bosley executed another Security Deed to Defendant Beneficial encumbering the Property as collateral for a separate note in the principal sum of $26, 057.56, and recorded on November 17, 2008, in Deed Book 09532, Page 64, Muscogee County, Georgia Records (“Junior Security Deed”).

         On January 20, 2009, Citi Residential Lending, Attorney in Fact for Ameriquest, executed an assignment of the Senior Security Deed to Plaintiff, which was recorded on February 12, 2009, in Deed Book 09604, Page 174, Muscogee County, Georgia records (“Assignment”). Mr. Bosley breached Plaintiff's Note and Security Deed, still in effect, by failing to make loan payments and/or not fulfilling other obligations under them, and was in default.

         Mr. Bosley died intestate on September 14, 2015. His estate was never probated in any Court. He is survived by his spouse and daughter, Defendants Jacqueline Bosley and Tabitha Vanhousen. Upon Mr. Bosley's death, all interest, equity, or claim he had in the Property vested in his spouse and daughter, subject to the Security Deed.

         Plaintiff filed suit [Doc. 1] and summons were issued [Doc. 3-5], which were served on Defendants [Doc. 7-9]. Default as to all Defendants was entered on October 9, 2018.

         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/Senior 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 inferior, subordinate, barred, foreclosed and quieted to all right, title, interest and equity of redemption.

         2. If the Property is purchased at sale by a third party bidder, detailed below, then the Junior Security Deed of Beneficial Mortgage Co. will be satisfied by any surplus funds remaining after satisfaction of Plaintiff's debt, with the remainder of any such surplus funds payable to the individual Defendants, to be determined through a separate interpleader action. Otherwise, Beneficial Mortgage Co., retains the right to seek payment for ...


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