Baker v. Specialized Loan Servicing, LLC et al

Western District of Texas, txwd-5:2019-cv-01298

Exhibit A

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Book 18307 Page 1433 6pgs Doc# 20170007354 56898 " 2016C118419 -0288 CAUSE NO.: 2016-C1-18419 CAMERON PARKER PROPERTIES, L.L.C., IN THE DISTRIEVOURITE Plaintiff, RANDO V LA THE BANK OF NEW YORK MELLON L fikla THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2007-10, S wwwwwwwwwwwwwwas con BEXAR COUNTYN TEXAS Defendant 288th JUDICIAL DISTRICT FINAL DEFAULT JUDGMENT On this day, the Court considered Plaintiff, CAMERON PARKER PROPERTIES, L.L.C.'s motion for a default judgment. Plaintiff. appeared in person and through its attomey of record, Justin P. Nichols, and offered evidence in support of its motion. After consideration of the pleadings, papers in the file, the motion, evidence, and argument, the Court finds the motion should be and is hereby GRANTED. The Court finds it has jurisdiction to hear this case and over the parties to this suit, and makes the following findings regarding service of process: The Court finds Defendant THE BANK OF NEW YORK MELLON fiklal THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF cocon 90 WUDA DO OHONNAR CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2007-10 ("Defendant") is registered with the Secretary of State of Texas (File No.: 16125), but does not maintain a registered agent in the State of Texas. Therefore, the Court finds service of process Page 1 of 4 Case Number: 2016C118419 Document Type: FINAL DEFAULT JUDGMENT Page 1 of 5 EXHIBIT A was duly effected upon the Secretary of State of Texas on November 2, 2016, and the Secretary forwarded the same to Defendant's out-of-state registered agents The Colikt finds the return of service has been on file for at least 10 days preceding this judgment, COUNTY and the Secretary's certificate of mailing is also on file. The Court find despite being. D duly served, Defendant has wholly made default. The Court finds this suit involves the following real property, to wit: Address: 13018 Heimer Rd., Unit 1009, San Antonio, TX 78216. Legal Description: Unit 1009, Building 10, Country Hollow Condominiums, a condominium project in Bexar County, Texas, together with the limited. common elements, and an undivided interest in and to the common elements, as same are defined in the condominium declaration thereof, in Vol. 7, Pg. 1, Vol. 7, Pg. 207, Vol. 7 Page 445, and Vol. 7, Pg. 523, condominium records of Bexar County, Texas. (henceforth referred to as the "Property"). The Court finds the purported "Texas Home Equity Security Instrument (First Lien)," executed by Paul E. Baker on or about May 10, 2007, in favor of Countrywide VO- Home Loans, Inc. d/b/a America's Wholesale Lender, recorded as Document No.: 20070112609, deed records of Bexar County, Texas (the "Home Equity Lien"), was in fact a third lien, and was subordinate to the Country Hollow Condominium Owners >O Association's lien for unpaid assessments pursuant to Article VII, § 7.11(a) of the Declaration and Master Deed recorded in Vol. 7, Pgs. 1-82, condominium records of Bexar County, Texas. Therefore, the Court finds the foreclosure of the Country Hollow TULAN QU 1000 Page 2 of 4 Case Number: 2016C118419 Document Type: FINAL DEFAULT JUDGMENT Page 2 of 5 Condominium Owners Association's assessment lien on or about August 2, 2016, STOF BEX extinguished the Home Equity Lien. COURTO The Court also' finds at the time the Home Equity Lien was greated, SS COUNTY erty at the V amount of $51,200, was more than 80% of the fair market value of the prop time, which the Court finds was $54,710, in violation Tex. CONST. l. and 50(a)(6)(B), and is voidable. IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that: 1) The Home Equity Lien was subordinate to the condominium assessment lien, foreclosed upon on August 2, 2016; 2) The Home Equity Lien was extinguished on August 2, 2016, and is of no further force or effect; and 3) The Home Equity Lien violated Tex. CONST, article XVI, $ 50(a)(6)(B), and is hereby VOIDED, and is of no further force or effect; IT IS FURTHER ORDERED, ADJUDGED, and DECREED that Title to the Property is quiet unto CAMERON PARKER PROPERTIES, L.L.C. IT IS FURTHER ORDERED, ADJUDGED, and DECREED, that Plaintiff, CAMERON PARKER PROPERTIES, L.L.C., shall have and recover judgment of attorneys fees from Defendant THE BANK OF NEW YORK MELLON f/k/a/ THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2007-10, in the amount of $4.800 as authorized by Tex. Civ. PRAC. & REM. CODE $ 37.009, and all costs of court as set QUOCON 90 WVA OG OPONY forth in the clerk's bill of costs. IT IS FURTHER ORDERED that Plaintiff shall be entitled to and recover post-judgment interest at a rate of 5% per annum, from the date of this judgment until paid, Page 3 of 4 Case Number: 2016CI18419 Document Type: FINAL DEFAULT JUDGMENT Page 3 of 5 This is a final judgment and disposes of all claims, controversies, and parties, and is appealable. All relief not expressly granted herein is DENIED. OF BEX AICT CON SIGNED and ENTERED on Kesinler 14, 2016. DISTAN A sernia bred JUDGE PRESIDING APPROVED & ENTRY REQUESTED: THE NICHOLS LAW FIRMAPLLC Authod By: JUSTIN P. NICHOLS Texas Bar No.: 24081371 175 E. Travis St., Ste. 1740 San Antonio, Texas 78205 (210) 354-2300 phone (800) 761-5782 fax efile@thenicholslawfirm.com Attorneys for Plaintiff APPROVED AS TO FORM & SUBSTANCE: HON OU INVOIA DO OHONNUNA CAMERON PARKER PROPERTIES, L.L.C. By: Nicholaus Krieter Its: Managing Member Plaintiff Page 4 of 4 Case Number: 2016C118419. Document Type: FINAL DEFAULT JUDGMENT Page 4 of 5 GT OF BEY CERTIFIED COPY CERTIFICATE STATE OF TEXAS I, DONNA KAY MCKINNEY, BEXAR COUNTY DISTRICT CLERK, CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY OF THE ORIGINAL RECORD AS INDICATED BY THE VOLUME, PAGE AND COURT ON SAID DOCUMENT. WITNESSED MY OFFICIAL HAND AND SEAL OF OFFICE ON THIS: DISTRAL BRICT COU COUNTY. . S December 14, 2016 DONNA KAY MCKINNEY BEXAR COUNTY, PEXAS) MARISSA Y UGARTE, Deputy District Clerk (NOT VALID WITHOUT THE CLERKS'S ORIGINAL SIGNATURE.) Case Number: 2016CI18419 Document Type: FINAL DEFAULT JUDGMENT Page 5 of 5 Doc# 20170007354 # Pages 6 01/13/2017 11:20AM e-Filed & e-Recorded in the Official Public Records of BEXAR COUNTY GERARD C. RICKHOFF COUNTY CLERK Fees $42.00 STATE OF TEXAS COUNTY OF BEXAR This is to Certify that this document was e-FILED and e-RECORDED in the Official Public Records of Bexar County, Texas on this date and time stamped thereon. 01/13/2017 11:20AM COUNTY CLERK, BEXAR COUNTY TEXAS