Suarez v. U.S. Bank, NA, As Trustee

Western District of Texas, txwd-5:2019-cv-00704

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION FELIX ROBERT SUAREZ, § § Plaintiff/Counter-Defendant, § § v. § § Civil Action No. 5:19-cv-704-FB-ESC U.S. BANK TRUST NATIONAL § ASSOCIATION, AS TRUSTEE OF CVI § LCF MORTGAGE LOAN TRUST I, § § Defendant/Counter-Plaintiff. § ORDER GRANTING DEFENDANT/COUNTER-PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Came on to be considered the Motion for Summary Judgment ("Motion") filed by Defendant/Counter-Plaintiff U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I ("U.S. Bank" or "Defendant"). After reviewing the Motion and any responses or replies thereto, the Court is of the opinion that the Motion has merit and should be GRANTED in its entirety. It is therefore, ORDERED, ADJUDGED AND DECREED that an event of default has occurred on that certain Note executed by Felix Robert Suarez ("Suarez" or "Plaintiff") on or about or about August 28, 2002 ("Suarez"), originally payable to Ameriquest Mortgage Company in the amount of $54,600.00, and specially indorsed to U.S. Bank. (hereinafter "Note"). It is further, ORDERED, ADJUDGED AND DECREED that that certain Deed of Trust dated August 28, 2002, executed by Suarez, and recorded in the real property records of Bexar County, Texas as document number 20020414535 (hereafter "Security Instrument"), provides that U.S. Bank as the current owner of the Note and mortgagee of the Security Instrument, in the event of a default on the obligations on the Note, with a first lien security interest on that certain real ORDER GRANTING DEFENDANT/COUNTER-PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT MWZM: 18-000111-505 PAGE 1 property commonly known as 1252 Clower Street, San Antonio, Texas 78201 (the "Property") and more particularly described as follows: LOT TWO (2), BLOCK ONE HUNDRED ONE (101) LOS ANGELES HEIGHTS ADDITION, NEW CITY BLOCK SEVENTY-ONE HUNDRED SIXTY-FOUR (7164) RECORDED IN VOLUME 105, PAGE 84 OF BEXAR COUNTY DEED AND PLAT RECORDS. It is further, ORDERED, ADJUDGED AND DECREED that U.S. Bank is the current holder and owner of the Note and beneficiary of the Security Instrument. It is further, ORDERED, ADJUDGED AND DECREED that the following are secured by the Security Instrument on the Property: the outstanding balance of the Note, which through October 17, 2019 is $77,736.16; prejudgment and post-judgment interest at the Note interest rate of 11.699%; and costs of court. It is further, ORDERED, ADJUDGED AND DECREED that U.S. Bank or its successors or assigns, may proceed with foreclosure on the Property as provided in the Security Instrument and section 51.002 of the Texas Property Code. It is further, ORDERED, ADJUDGED AND DECREED that all foreclosure notices may be mailed to 1252 Clower Street, San Antonio, Texas 78201. It is further, ORDERED, ADJUDGED AND DECREED that Defendant is entitled to its reasonable attorneys' fees to be proven up through subsequent motion practice. It is further, ORDERED, ADJUDGED AND DECREED that this is a final judgment that disposes of all parties and all claims. All relief not specifically granted herein (other than Defendant's attorneys' fees) is denied. Costs are taxed against Plaintiff. ORDER GRANTING DEFENDANT/COUNTER-PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT MWZM: 18-000111-505 PAGE 2 Signed this _______ day of ____________________, 2019. UNITED STATES DISTRICT JUDGE ORDER GRANTING DEFENDANT/COUNTER-PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT MWZM: 18-000111-505 PAGE 3