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American Mortgage Investment Partners Wilmington Savings Fund Society v. Bustamante, 1:18-CV-00976 KG-GBW. (2019)

Court: District Court, D. New Mexico Number: infdco20190830c25 Visitors: 2
Filed: Aug. 29, 2019
Latest Update: Aug. 29, 2019
Summary: ORDER APPROVING REPORT OF SPECIAL MASTER AND CONFIRMING SALE (NO DEFICIENCY SOUGHT) KENNETH J. GONZALES , District Judge . THIS MATTER coming before the Court upon the Report of DAVID WASHBURN, Special Master, and it appearing that the Special Master, according to law, accomplished the sale of the real estate decreed to be sold, to Plaintiff WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST V (a subsidiary of Americ
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ORDER APPROVING REPORT OF SPECIAL MASTER AND CONFIRMING SALE

(NO DEFICIENCY SOUGHT)

THIS MATTER coming before the Court upon the Report of DAVID WASHBURN, Special Master, and it appearing that the Special Master, according to law, accomplished the sale of the real estate decreed to be sold, to Plaintiff WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST V (a subsidiary of American Mortgage Investment Partners, LLC) for the sum of $129,700.00, the highest bid offered.

IT IS THEREFORE ORDERED that the report of Special Master is hereby approved and the sale is hereby confirmed.

IT IS FURTHER ORDERED that the purchase of the property at the sale, pays in full the judgment of Plaintiff plus the Special Master's fees and costs of sale, Plaintiff's attorney's fees, taxes and costs, and Plaintiff's expenses.

IT IS FURTHER ORDERED that the Special Master's Deed to WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST V, which the Court approves, is ordered to be recorded and delivered to Grantee, and upon delivery of the Deed, the Special Master shall be discharged without further order of this Court.

IT IS FURTHER ORDERED that this Order, without the need from any further action by the Court, shall serve as a writ of assistance commanding the U.S. Marshals Service to place Plaintiff WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST V or its designee in possession of the property located at 606 Missy Ct., Santa Teresa, New Mexico 88008. Upon written request from the Plaintiff, the U.S. Marshals Service is directed to and is authorized to immediately remove Defendant BETHA BUSTAMANTE, ANY UNKNOWN SPOUSE OF BERTHA BUSTAMANTE, any other defendants, and any other occupants from the Property.

WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST V shall take title to the real estate described in the Special Master's Deed, free and clear of any and all claims, liens, right, title or interest of Defendants herein, and all persons claiming by or through them, subject only to the items set forth in the Special Master's Deed, and subject further to the right of redemption, the period of which is within one (1) month from the date of the filing of this Order with the Clerk of the District Court.

Source:  Leagle

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