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MTGLQ Investors, LP v. Wellington

United States District Court, D. New Mexico

December 20, 2019

MTGLQ INVESTORS, LP, Plaintiff,
v.
MONICA L. WELLINGTON, Defendant.

          JUDGMENT OF FORECLOSURE AND SALE, AND APPOINTMENT OF SPECIAL MASTER

         This matter comes before the Court upon the Court's entry of Summary Judgment in Favor of Plaintiff in which the Court determined that Plaintiff “is entitled to foreclose on the property which is the subject of the Note and Mortgage at issue in this foreclosure action.” (Doc. 179). The Court having read and reviewed the filings in this case and being otherwise fully advised on the premises FINDS:

         1. This Court has jurisdiction over the parties and the subject matter of this action.

         2. Plaintiff has standing to pursue this foreclosure action. (Doc. 71).

         3. On June 22, 2018, the Court dismissed Plaintiff's claims against Defendant Monica L. Wellington's unknown spouse. (Doc. 83).

         4. On August 21, 2018, the Court entered a Stipulated Judgment Foreclosing the Interest of JP Morgan Chase Bank. N.A. (Doc. 100).

         5. On July 22, 2019, the Court entered default foreclosure judgments in favor of Plaintiff and against The Monica L. Wellington Declaration of Trust Dated December 28, 2007, and Altura Village Homeowners' Association, Inc. (Doc. 169).

         6. The allegations of the Complaint for Debt and Money Due and for Foreclosure (Doc. 1-1) are sustained by the evidence and are hereby adopted as findings of fact, and the Court concludes as a matter of law that Plaintiff is entitled to the relief demanded in the Complaint for Debt and Money Due and for Foreclosure.

         7. Payment of the principal and interest on the Note described in the Complaint for Debt and Money Due and for Foreclosure are in default and there is due and owing on the Note the following amounts:

Principal Balance

$125, 049.37

Interest (from Nov. 1, 2018, at the rate of 5.750%)

$55, 724.67

Corporate Advances

- Property Inspections $725.22

- Property Preservation $35.00

$760.22

Escrow Advance

- Hazard Insurance $7, 631.50

- Taxes $10, 063.45

$17, 694.95

Total Amount

$199, 229.21

         Excluding any subsequent award of reasonable attorney fees and costs, the total amount of judgment is $199, 229.21, plus interest from November 1, 2018, at the rate of 5.750% per year, until the property is sold pursuant to this Judgment of Foreclosure. The judgment amount is a first and prior lien upon the following described real property:

Lot numbered Twenty-nine (29) of ALTURA VILLAGE, being a Replat of Tracts A1 Netherwood Park, Addition, as the same is shown and designated on the Plat of said addition, filed in the Office of the County Clerk of Bernalillo County, New Mexico, on December 3, 1997, in Plat Book 97C, folio 341.

         which property is more commonly described as 2124 Altura Verde Ln NE, Albuquerque, NM 87110.

         IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that:

         A. Plaintiff shall have an in personam judgment against Defendant Monica L. Wellington of $199, 229.21, plus interest from November 1, 2018, at the rate of 5.750% per year, until the date of the Special Master's sale, plus the costs of the sale, including the Special Master's fee of $225.00, plus tax, plus any additional attorney fees and costs actually expended from the date of this Judgment of Foreclosure until the date of the Special Master's sale, plus those additional amounts, if any, which Plaintiff will be required to pay prior to termination of this action for property taxes and insurance premiums or any other cost of upkeep of the ...


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