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Young v. JP Morgan Chase Bank, NA

United States District Court, E.D. Arkansas, Western Division

February 22, 2018

BRITTNEY D. YOUNG PLAINTIFF
v.
JP MORGAN CHASE BANK, NA, and WILSON & ASSOCIATES, P.L.L.C. DEFENDANTS JPMORGAN CHASE BANK, NA COUNTERCLALMANT and THIRD-PARTY PLAINTIFF
v.
BRITTNEY D. YOUNG COUNTERDEFENDANT DITECH FINANCIAL LLC, RBS CITIZENS, NA, LARRY WELCH, JANE WELCH, and BANK OF LITTLE ROCK THIRD-PARTY DEFENDANTS

          WM. LANCE LEWIS, MARCIE L. SCHOUT QUILLING, SELANDER, LOWNDS, WINSLETT & MOSER, P.C. AND WRIGHT, LINDSEY & JENNINGS LLP JUDY SIMMONS HENRY, JOHNATHAN D. HORTON ATTORNEYS FOR DEFENDANT JPMORGAN CHASE BANK, N.A. WILSON & ASSOCIATES, P.L.L.C. BY SAMMY S. HIGH

          AGREED JUDGEMENT AND DECREE OF FORECLOSURE

          HONORABLE J. LEON HOLMES UNITED STATES DISTRICT JUDGE

         This matter comes before the Court on the agreement of the parties, as evidenced by their signatures below. Having reviewed the pleadings, the documents filed of record, and the agreement of the parties as represented on the record, the Court hereby finds as follows:

         1. The real property which is the subject of this action is located in the County of Pulaski, State of Arkansas, and is more particularly described as: Lot 1, Block 81, of Chenal Valley, an addition to the City of Little Rock, Arkansas, as shown on Corrected Plat dated October 31, 2005, prepared by White-Daters & Associates Inc. recorded in Plat Book H, page 512, in the real property records of Pulaski County, Arkansas, more commonly known as 311 Commentry Way, Little Rock, Arkansas 72223 (the "Property").

         2. Plaintiff/Counter-Defendant Brittney D. Young ("Young"), who is also known as Brittney D. Copeland, is an individual residing in Little Rock, Pulaski County, Arkansas. Plaintiff appears pro se.

         3. Defendant, Wilson & Associates P.L.L.C., is an Arkansas professional limited liability company with its main offices located in Little Rock, Arkansas. Defendant, Wilson & Associates P.L.L.C, has appeared herein by and through its counsel, Samuel S. High.

         4. Defendant/Counter-Plaintiff JPMorgan Chase Bank, N.A. ("JPMC"), is a national bank with its main office, as designated by its articles of association, in Columbus, Ohio.

         5. Third party defendant, RBS Citizens, N.A., is named in this action by virtue of it being the last assignee of record of a second mortgage on the Property, which may constitute a lien against the Property. RBS Citizens, N.A. was properly served with process. See Affidavit of Service (Doc. 42). Despite having been properly served, RBS Citizens, N.A. failed to timely appear or defend. RBS Citizens, N.A. is, therefore, in default and has admitted the allegations of the amended counterclaim and amended third party complaint.

         6. Third party defendant, Ditech Financial LLC, is named as a third party defendant in this action by virtue of servicing a second mortgage on the Property, which may constitute a lien against the Property. Ditech Financial LLC was properly served with process. See Affidavit of Service (Doc. 43). Despite having been properly served, Ditech Financial LLC has failed to timely appear or defend. Ditech Financial LLC is, therefore, in default and has admitted all of the allegations of the amended counterclaim and amended third party complaint.

         7. Third party defendants, Larry Welch and Jane Welch (the "Welches"), are named in this action by virtue of the judgment Hens against the Property based on judgments in their favor against Plaintiff and Counter-defendant Brittney Young. The Welches have answered and appeared by and through their counsel, Matthews, Sanders & Sayes, P.A.

         8. Bank of Little Rock was named as a third party defendant in this action by virtue of a judgment lien it held against the Property based on a judgment entered in its favor and against Brittney Young. During the pendency of this action, Bank of Little Rock filed a partial release releasing its judgment lien on the Property. The parties filed a Stipulation of Dismissal (Doc. 57), this Court entered an agreed order of dismissal without prejudice (Doc. 58) on February 21, 2018, dismissing the amended third-party complaint as to Bank of Little Rock only.

         9. The Court has subject matter jurisdiction over this action and personal jurisdiction over the parties pursuant to 28 U.S.C. § 1332(a)(1) & 28 U.S.C. § 1367. Venue properly lies in this Court pursuant to 28 U.S.C. § 1391(b)(1) & § 1391(b)(2).

         10. On March 22, 2007, Young executed a Note, promising to pay $384, 800 at 6.875% interest, by principal and interest payments to be made monthly beginning May 1, 2007, in the amount of $2, 527.87. A true and correct copy of the original Note, as currently endorsed was attached to Defendant JPMorgan Chase 1 Bank, N.A/s amended counterclaim and amended third-party complaint as Exhibit A and is incorporated herein by this reference.

         11. To secure payment of the Note, Young executed a mortgage dated March 22, 2007, on the Property in favor of Boardwalk Mortgage Group, LLC (the "Mortgage"). A true and correct copy of Mortgage was attached to Defendant JPMorgan Chase Bank, N.A.'s amended counterclaim and amended ...


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