United States District Court, M.D. Georgia, Columbus Division
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,
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
Honorable Clay D. Land Judge, United States District Court,
Middle District of Georgia, Columbus Division
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.
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.
property is more commonly known by its address of: 7744
Aurora Drive, Columbus, GA 31909-1602
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
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”).
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”).
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.
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.
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.
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.
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 ...