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Deutsche Bank National Trust Co. v. Bosley

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

February 20, 2019

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, RYAN STARKS ATTORNEYS FOR PLAINTIFF

          ORDER CONFIRMING FORECLOSURE SALE CONVEYING TITLE IN REAL PROPERTY AND WRIT OF POSSESION

          HONORABLE CLAY D. LAND JUDGE

         Upon consideration of Plaintiff's Motion [Doc 19], the Court finds a hearing is not required, grants the Motion and enters this Order as follows. Per the Judgment [Doc 19], this case concerned real property, 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, 1980, made by Moon, Meeks & Patricks, Inc., and recorded in Plat Book 74, 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.
Tax Id#073009002

         The property at issue 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”). Thereafter, 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”). And, 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 (“Security Deed”). On January 20, 2009, Citi Residential Lending, Attorney in Fact for Ameriquest, executed an assignment of the Security Deed to Plaintiff, which was recorded on February 12, 2009, in Deed Book 09604, Page 174, Muscogee County, Georgia records (“Assignment”).

         On November 11, 2008, Mr. 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”).

         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, 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 held and/or owned the Property, its defaulted Note/Security Deed and/or claims at issue and had standing to enforce them and/or the claims at issue, prior to commencing suit. All Defendants were served with process, against whom the Judgment [Doc 17] was entered, resolving the case, declaring Plaintiff's senior interest in the Property, ordering a judicial foreclosure sale of the Property, appointing Reginald Hudspeth, LLC as Special Master, authorized to sell the Property, its improvements, buildings, fixtures and appurtenances at the Muscogee County Courthouse at the usual hour/location for public sale, per 28 U.S.C. § 2001 and applicable law, after advertisement of the sale, once per week for 4 weeks before the sale, in a newspaper regularly issued and of general circulation in Muscogee County.

         As shown by the record, per the Judgment, the Property was advertised for sale, for 4 consecutive weeks before the sale, per the Publisher's Affidavit. [Doc 19-1] The Special Master conducted the sale at the Muscogee County Courthouse on February 5, 2019, at which Plaintiff purchased the property for a credit bid of $68, 572.88, per the Special Master's Report of Sale. [Doc 19-2]

         This Court has exclusive jurisdiction over the Property, to determine all questions of its title, possession or control. Wabash v. Adelbert, 208 U.S. 54 (1907) Confirmation of the sale is required as “a bidder at a sale by a master, under a decree of court, is not considered a purchaser until the sale is confirmed.” Ballentyne v. Smith, 205 U.S. 288 (1907). Per Count I of the Complaint, Plaintiff purchased the Property, entitling it to confirmation as the new owner of the Property. Per Count II of the Complaint, Plaintiff is also entitled to possession of the Property. This Order is entered nunc-pro-tunc to February 5, 2019.

         CONVEYANCE OF ALL RIGHT, INTEREST AND TITLE TO THE PROPERTY AND ORDER QUIETING TITLE TO THE ...


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