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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,
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
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 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.
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
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
8. The proceeds of this sale shall be applied in the
following amounts and in the ...