Elawyers Elawyers
Washington| Change

BRANCH BANKING AND TRUST COMPANY v. JONES/WINDMILL, LLC, 2:12-cv-00452-JCM-GWF. (2016)

Court: District Court, D. Nevada Number: infdco20160711d38 Visitors: 3
Filed: Jul. 07, 2016
Latest Update: Jul. 07, 2016
Summary: JUDGMENT JAMES MAHAN , District Judge . Based upon the previous orders of the Court that include Dkts. 97, 147, and 167, which are incorporated herein by reference: IT IS HEREBY ORDERED AND ADJUDGED that on February 29, 2012, the date of the trustee's sale, taking the amount of the indebtedness ($1,128,641.98) and providing Defendants credit for the fair market value of the subject property ($438,648.25) on said date, which is higher than the trustee's sale price ($296,000.00), the amount
More

JUDGMENT

Based upon the previous orders of the Court that include Dkts. 97, 147, and 167, which are incorporated herein by reference:

IT IS HEREBY ORDERED AND ADJUDGED that on February 29, 2012, the date of the trustee's sale, taking the amount of the indebtedness ($1,128,641.98) and providing Defendants credit for the fair market value of the subject property ($438,648.25) on said date, which is higher than the trustee's sale price ($296,000.00), the amount of the deficiency owed by Defendants to Plaintiff on February 29, 2012 was $689,993.73.

IT IS FURTHER ORDERED AND ADJUDGED that as of June 23, 2016 (1576 days from the trustee's sale), the deficiency amount is $908,990.07, comprised of principal in the amount of $689,993.73 and accrued interest in the amount of $218,996.34, which was calculated pursuant to a default interest rate of 7.25%. That deficiency amount shall accrue interest at the per diem rate of $138.96 until the date of this judgment.

IT IS FURTHER ORDERED AND ADJUDGED that judgment is entered in favor of plaintiff BRANCH BANKING AND TRUST COMPANY and against JONES/WINDMILL, LLC, YOEL INY, NOAM SCHWARTZ, Y & T INY FAMILY TRUST dated June 8, 1994, NOAM SCHWARTZ TRUST dated August 19, 1999, and D.M.S.I., LLC, jointly and severally, in the amount of $908,990.07.

IT IS FURTHER ORDERED AND ADJUDGED that interest shall accrue at the legal rate from the date of judgment until the judgment is paid in full.

IT IS FURTHER ORDERED AND ADJUDGED that plaintiff Branch Banking and Trust is entitled to reasonable attorneys' fees and costs in the amount to be determined by the court. If Branch Banking and Trust Company seeks to recover those fees and costs, it shall file a motion with appropriate documentation within 14 days of entry of this judgment.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer