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, RYAN STARKS ATTORNEYS FOR
ORDER CONFIRMING FORECLOSURE SALE CONVEYING TITLE IN
REAL PROPERTY AND WRIT OF POSSESION
HONORABLE CLAY D. LAND JUDGE
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.
property at issue 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”). 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
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”).
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”).
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.
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.
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]
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.
OF ALL RIGHT, INTEREST AND TITLE TO THE PROPERTY AND ORDER
QUIETING TITLE TO THE ...