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Bank of New York Mellon v. Dickerson

United States District Court, N.D. Mississippi, Oxford Division

August 27, 2019

THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK, AS TRUSTEE CWABS 2005-12 PLAINTIFF
v.
TAMMIE R. DICKERSON; JEFFREY L. DEAR; and THE UNITED STATES OF AMERICA DEFENDANTS

          FINAL JUDGMENT

          ROY PERCY UNITED STATES MAGISTRATE JUDGE

         This matter is before the Court on the Motion for Default Judgment and Entry of a Final Judgment filed by Plaintiff, Bank of New York Mellon, f/k/a the Bank of New York, as Trustee (CWABS 2005-12) (“Bank of New York”). Defendants Tammie R. Dickerson and Jeffrey L. Dear have been duly served with the Plaintiff's Complaint, are not infants or unrepresented incompetent individuals and have failed to plead or otherwise defend. Their defaults were recorded on February 12, 2019, and those Defendants have taken no proceedings since those defaults were entered. The Plaintiff has settled with the other Defendant, the United States of America, which no longer opposes the relief requested by the Complaint. The Court therefore finds that the Plaintiff's motion is well-taken and should be granted.

         The Court furthermore finds as follows:

         1. This action concerns real property situated in DeSoto County, Mississippi, with an address of 8508 Southridge Cove, Walls, Mississippi 38680.

         2. On or about August 8, 2007, Mildred Marie Sartin, as executrix of the Estate of Hervie L. Sartin Jr., executed a Warranty Deed transferring certain property in DeSoto County, Mississippi, to Tammie R. Dickerson. The property was more particularly described as follows:

Lot 13, Section A, Lakeview Village Subdivision, situated in Section 23, Township 1 South, Range 9 West, DeSoto County, Mississippi, as per plat thereof recorded in Plat Book 9, Pages 9-11, in the office of the Chancery Clerk of DeSoto County, Mississippi.

         The 2007 Warranty Deed was filed of record in the Office of the Chancery Clerk of DeSoto County, Mississippi, on or about August 9, 2007, in Book 565, at Page 713, and re-recorded on or about August 22, 2007, in Book 566, at Page 795.

         3. On or about June 27, 2005, to secure a loan of One Hundred Sixty-One Thousand Five Hundred and 00/100 ($161, 500.00) used to purchase the subject property, Tammie R. Dickerson and Jeffery L. Dear conveyed a Deed of Trust to Eagle Mortgage & Funding Corporation.

         4. The Deed of Trust attached to this Final Judgment as Exhibit “1” is a true and correct copy of the Deed of Trust executed by Tammie R. Dickerson and Jeffery L. Dear on or about June 27, 2005, and conveyed to Eagle Mortgage & Funding Corporation. However, the Deed of Trust was not filed of record in the Office of the Chancery Clerk of DeSoto County, Mississippi, and the original copy was lost.

         5. Also on or about June 27, 2005, Eagle Mortgage & Funding Corporation executed a Corporation Assignment of Deed of Trust by which it transferred its interest in the Deed of Trust to Countrywide Document Custody Services, Inc., a division of Treasury Bank, N.A.

         6. The Corporation Assignment of Deed of Trust attached to the Complaint as Exhibit C is a true and correct copy of the Corporation Assignment of Deed of Trust executed by Eagle Mortgage & Funding Corporation on or about June 27, 2005. However, that Corporation Assignment of Deed of Trust was not filed of record in the Office of the Chancery Clerk of DeSoto County, Mississippi, and the original copy was lost.

         7. On or about August 12, 2005, Countrywide Document Custody Services, a division of Treasury Bank, N.A., executed a Corporation Assignment Deed of Trust by which it transferred its interest in the Deed of Trust to Countrywide Home Loans, Inc.

         8. The Corporation Assignment of Deed of Trust attached to the Complaint as Exhibit D is a true and correct copy of the Corporation Assignment of Deed of Trust executed on or about August 12, 2005, by Countrywide Document Services, a division of Treasury Bank, N.A. However, that Corporation Assignment of Deed of Trust was not filed of record in the Office of the Chancery Clerk of DeSoto County, Mississippi, and the original copy was lost.

         9. Prior to execution of the Corporation Assignment of Deed of Trust addressed in ¶¶ 7-8, on or about July 7, 2005, Countrywide Home Loans, Inc., had executed a Corporation Assignment of Deed of Trust by which it transferred its interest in the Deed of ...


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