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Wilmington Sav. Fund Soc'y v. The Estate of McCafferty

United States District Court, District of New Mexico
May 25, 2023
1:22-cv-00380 KG-JMR (D.N.M. May. 25, 2023)

Opinion

1:22-cv-00380 KG-JMR

05-25-2023

WILMINGTON SAVINGS FUND SOCIETY, FSB AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST VII-A, Plaintiff, v. THE ESTATE OF ROBIN M. MCCAFFERTY (DECEASED), THE UNKNOWN HEIRS, LEGATEES AND DEVISEES OF ROBIN M. MCCAFFERTY (DECEASED), CITIBANK, N.A., AND CAPITAL ONE BANK (USA) N.A., Defendants.

JENNINGS HAUG KELEHER MCLEOD RYAN M. WALTERS ATTORNEYS FOR PLAINTIFF WILMINGTON SAVINGS ALDRIDGE PITE, LLP ROB NEGRIN ATTORNEYS FOR CENLAR FEDERAL SAVINGS BANK SERVICER FOR DEFENDANT CITIBANK, N.A. CAPITAL ONE BANK (USA), N.A. C/O AGENT FOR SERVICE OF PROCESS MCLEAN, VA 22101-3491


JENNINGS HAUG KELEHER MCLEOD RYAN M. WALTERS ATTORNEYS FOR PLAINTIFF WILMINGTON SAVINGS

ALDRIDGE PITE, LLP ROB NEGRIN ATTORNEYS FOR CENLAR FEDERAL SAVINGS BANK SERVICER FOR DEFENDANT CITIBANK, N.A. CAPITAL ONE BANK (USA), N.A. C/O AGENT FOR SERVICE OF PROCESS MCLEAN, VA 22101-3491

ORDER GRANTING PLAINTIFF'S MOTION SEEKING ENTRY OF ORDER APPROVING REPORT OF SPECIAL MASTER

THIS MATTER comes before the Court upon Plaintiff s Motion Seeking Entry of Order Approving Report of Special Master, filed May 2, 2023 (Doc. 23). As indicated by the Report of Special Master, filed April 27, 2023 (Doc. 22-1), based on previous authorization from the Court the Special Master has conducted a foreclosure auction for the real estate involved in this lawsuit with the property sold at auction to George Vazquez and Carlos E. Estrada for the winning bid of $130,500.00, 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 real estate at the sale pays in full the judgment of Plaintiff plus any special master fees and costs of sale, Plaintiff s attorneys fees, taxes and costs, and Plaintiffs expenses.

IT IS FURTHER ORDERED that the Special Master's Deed attached to the Report of Special Master is hereby approved and is to be issued to Plaintiff. Upon delivery of the deed, the Special Master shall be discharged without further order of the Court.

IT IS FURTHER ORDERED George Vazquez and Carlos E. Estrada 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 one (1) month from the date of the filing of this Order with the Clerk of the District Court.


Summaries of

Wilmington Sav. Fund Soc'y v. The Estate of McCafferty

United States District Court, District of New Mexico
May 25, 2023
1:22-cv-00380 KG-JMR (D.N.M. May. 25, 2023)
Case details for

Wilmington Sav. Fund Soc'y v. The Estate of McCafferty

Case Details

Full title:WILMINGTON SAVINGS FUND SOCIETY, FSB AS OWNER TRUSTEE OF THE RESIDENTIAL…

Court:United States District Court, District of New Mexico

Date published: May 25, 2023

Citations

1:22-cv-00380 KG-JMR (D.N.M. May. 25, 2023)