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American Mortgage Investment Partners Wilmington Savings Fund Society v. Capito

United States District Court, D. New Mexico

April 11, 2019

AMERICAN MORTGAGE INVESTMENT PARTNERS WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST V, Plaintiff,
v.
JAIMIE CAPITO, THE UNKNOWN SPOUSE OF JAIMIE CAPITO, and NEW MEXICO MORTGAGE FINANCE AUTHORITY, Defendants.

          Submitted By: Lewis Brisbois Bisgaard And Smith LLP Ryan M. Walters Attorneys for Plaintiff

          Approved By: (no response received) Jamie Capito Jason C. Bousliman Weinstein & Riley, PS Attorneys for Defendant New Mexico Mortgage Finance Authority

          ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT SEEKING FORECLOSURE

         THIS MATTER comes before the Court on Plaintiff's Motion for Default Judgment Seeking Foreclosure. No. response to the Motion has been filed and the date for filing a response has passed. Plaintiff is not seeking a deficiency judgment against Defendant Jaimie Capito. There being no opposition to the Motion, the Court hereby GRANTS the Motion for Default Judgment on Foreclosure as follows:

1. No deficiency judgment is sought in this matter.
2. Plaintiff is granted an In Rem Judgment in the amount described below against the real estate described as:
LOT NUMBERED OE[1] HUNDRED NINETEEN-P-ONE (119-P1), PLAT FOR EL RANCHO GRANDE UNIT 14, WITHIN THE TOWN OF ATRISCO GRANT, PROJECTED SECTION 4 & 5, TOWNSHIP 9 NORTH, RANGE 2 EAST, NMPM, CITY OF ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO, AS THE SAME IS SHOWN AND DESIGNATED ON THE PLAT OF SAID SUBDIVISION, FILED IN THE OFFICE OF THE COUNTY CLERK OF BERNALILLO COUNTY, NEW MEXICO ON JULY 2, 2004, RECORDED IN PLAT BOOK 2004C, FOLIO 202.

         including any improvements, fixtures, and attachments, such as, but not limited to, mobile homes. The real property that is the subject matter of this foreclosure action (the “described property”) is more commonly known as 10216 Sandy Trail Rd. SW, Albuquerque, New Mexico 87121.

3. Defendant Jamie Capito has failed to make payments due under the Note and Mortgage attached to the Complaint in this matter. The terms of the Note and Mortgage entitle Plaintiff to foreclose the Mortgage and to have the described property sold in order to collect the principal and interest due and that total sum is declared to be a lien upon the described property.
4. As more particularly described below, the total judgment amount in favor of the Plaintiff is $153, 206.74 plus interest at the rate of $9.50 per diem from the date of September 11, 2018, forward.
5. The judgment amount includes the principal balance of $151, 305.79, plus interest of $1, 795.24 as of September 10, 2018, and thereafter accruing at the rate of $9.50 per day, plus loan fees and late charges.
6. Plaintiff's mortgage on the described property is foreclosed and all the described property is ordered sold in accordance with the laws, rules and practices of this Court to the highest bidder, for cash. Such sale shall be as soon as the Special Master can arrange for and publish the sale.
7. Jason Wexler is hereby appointed as Special Master to conduct such sale. As needed, the special master may appoint an alternative designee to fulfill his obligations as special master without further order of the Court in which case the designee assumes all the special master's responsibilities.
8. The proceeds of this sale shall be applied in the following amounts and in the ...

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