United States District Court, S.D. Alabama
GEORGE
C. GASTON (BPR # 35490) GALLOWAY, JOHNSON, TOMPKINS, BURR
& SMITH Counsel for Plaintiff Sung Chul Kim
CHRISTOPHER A. BOTTCHER JESSICA B. SPADE McGlinchey Stafford
Counsel for Wells Fargo Bank, N.A., as Trustee for Option One
Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series
2006-1
ORDER OF CONSENT JUDGMENT
KRISTI
K. DUBOSE UNITED STATES DISTRICT JUDGE
THIS
HONORABLE COURT , having reviewed and taken judicial
notice of the pleadings herein, and being advised by
respective counsel for each of Plaintiff Sung Chul Kim and
Defendant Wells Fargo Bank, N.A., as Trustee for Option One
Mortgage Loan Trust 2006-1 Asset-Backed Certificates, Series
2006-1 (“Wells Fargo”)
(collectively the “Parties”)
that the Parties have agreed to the terms set forth herein,
hereby enters Judgment against said Wells Fargo as follows:
1. This
Court has 28 U.S.C. § 1332 diversity of citizenship
jurisdiction over the parties hereto and the subject matter
hereof, and venue in this Court is appropriate, because this
action affects title to real estate which has a mailing
address of 606 West Canal Drive, Gulf
Shores, Alabama 36542, and which is situated
entirely within Baldwin County, Alabama, to wit:
Lots 102 and 103, according to the Survey of Canal Division
of Gulf Shores, as recorded in Map Book 3, Pages 12 and 13,
in the Office of the Judge of Probate of Baldwin County,
Alabama.
(the
“Property”).
2. On
or about September 30, 2005, Carl A. Olsen and Darlene A.
Olsen, then owners of the Property, granted a mortgage
against the Property, in the amount of $280, 000.00, and in
favor of Option One Mortgage Corporation (the
“Prior Mortgage”), which said
mortgage was recorded on October 7, 2005, as Instrument no.
928284 in the records of the Office of the Probate Judge of
Baldwin County, Alabama.
3. On
or about August 26, 2008, Option One Mortgage Corporation,
through its auctioneer Scott J. Humphrey, conducted a
foreclosure sale of the Property secured by the Prior
Mortgage. As a result of the foreclosure sale, the Property
was purportedly conveyed via Foreclosure Deed (the
“Foreclosure Deed”) to Wells
Fargo. The Foreclosure Deed was recorded approximately one
month after the foreclosure sale, on September 22, 2008, as
Instrument no. 1139685 in the records of the Office of the
Probate Judge of Baldwin County, Alabama.
4.
Meanwhile, on or about September 8, 2008, Carl A. Olsen and
Darlene A. Olsen conveyed the Property to Christopher G.
Steele via that certain Warranty Deed, which said deed was
recorded on September 9, 2008, as Instrument no. 1137149 in
the records of the Office of the Probate Judge of Baldwin
County, Alabama. The funds Christopher G. Steele paid to Carl
A. Olsen and Darlene A. Olsen to acquire the Property were
primarily used to pay off the Olsens' debt, which had
been secured by the Prior Mortgage.
5. On
or about November 6, 2008, American Home Mortgage Servicing,
Inc. as successor in interest to Option One Mortgage
Corporation, executed that certain Mortgage Release,
Satisfaction, and Discharge (the “Prior
Mortgage Release”), which was recorded on
November 10, 2018, as Instrument no. 1148809 in the records
of the Office of the Probate Judge of Baldwin County,
Alabama.
6. On
or about June 13, 2017, Christopher S. Steele conveyed the
Property to Plaintiff via that certain Warranty Deed
(“Plaintiff's Vesting
Deed”), which was recorded on June 15, 2017,
as Instrument no. 1638619 in the records of the Office of the
Probate Judge of Baldwin County, Alabama.
7.
Wells Fargo acknowledges the Prior Mortgage has been paid in
full, resulting in the proper recording of the Prior Mortgage
Release in the land records. Wells Fargo further acknowledges
that through inadvertence and/or mistake, the Foreclosure
Deed was also recorded in the land records.
8.
Wells Fargo has no objection to the relief sought by
Plaintiff and ...