MTGLQ Investors, LP v. Wellington et al
Plaintiff: MTGLQ Investors, LP
Defendant: Monica Wellington, The Monica L. Wellington Declaration of Trust Dated December 28, 2007, Altura Village Homeowners' Association, Inc., JP Morgan Chase Bank, N.A., FNU LNU and Profolio Home Mortgage Corporation
Counter_defendant: Weinstein & Riley, P.S., Elizabeth V Friedenstein, Rushmore Loan Management Services, LLC, JP Morgan Chase Bank, N.A. and Profolio Home Mortgage Corporation
Counter_claimant: Monica Wellington
Case Number: 1:2017cv00487
Filed: April 26, 2017
Court: US District Court for the District of New Mexico
Office: Albuquerque Office
County: -OUT OF STATE-
Presiding Judge: Laura Fashing
Presiding Judge: Kirtan Khalsa
Nature of Suit: Foreclosure
Cause of Action: 28 U.S.C. ยง 1444
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 23, 2023 Opinion or Order Filing 286 SUMMARY ORDER by District Judge Kenneth J. Gonzales denying 285 Defendant Monica Wellington's Motion for Relief from Judgment. (tah)
February 17, 2023 Opinion or Order Filing 281 ORDER Setting Hearing by District Judge Kenneth J. Gonzales. Hearing on 280 Motion for Leave to Intervene and Vacate the Writ of Assistance set for 2/21/2023 at 09:00 AM in Las Cruces - 420 Mimbres Courtroom (North Tower) before District Judge Kenneth J. Gonzales. (tah)
February 13, 2023 Opinion or Order Filing 279 ORDER by District Judge Kenneth J. Gonzales denying 278 Motion to Vacate Writ of Assistance. (tah)
February 10, 2023 Opinion or Order Filing 275 ORDER by District Judge Kenneth J. Gonzales granting 273 MTGLQ Investors, LP's Motion for Writ of Assistance. (tah)
January 31, 2023 Opinion or Order Filing 272 FINAL JUDGMENT by District Judge Kenneth J. Gonzales. (tah)
June 2, 2022 Opinion or Order Filing 262 MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying 258 Defendant's Motion to Vacate the Order Approving Sales; and denying 259 Defendant's Motion to Disqualify Judge. (tah)
May 19, 2022 Opinion or Order Filing 257 ORDER by District Judge Kenneth J. Gonzales granting 255 Plaintiff's Motion to Approve Foreclosure Sale and Discharge Special Master. (tah)
May 4, 2022 Opinion or Order Filing 253 ORDER by District Judge Kenneth J. Gonzales denying [252) Notice of Related Cases and Potential Void Actions by Master (construed by the Court as a Motion for a Stay). (tah)
March 30, 2022 Opinion or Order Filing 247 ORDER FOR STATUS REPORT by District Judge Kenneth J. Gonzales. Status report due on or before 4/7/2022. (tah)
January 7, 2022 Opinion or Order Filing 246 MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying 238 Motion to Continue Stay of Execution of Judgment; granting 239 Cross-Motion to Lift the Stay; denying 242 Motion to Vacate Appointment of Master; and ordering Special Master Margaret Lake to proceed with the sale of the home in accordance with 204 Judgment of Foreclosure and Sale, and Appointment of Special Master.
February 3, 2021 Opinion or Order Filing 228 ORDER by District Judge Kenneth J. Gonzales denying 223 Defendant Monica Wellington's Motion to Amend/Vacate Judgment Awarding Attorney Fees. (tah)
October 30, 2020 Opinion or Order Filing 222 JUDGMENT AWARDING ATTORNEY FEES by District Judge Kenneth J. Gonzales. Fees awarded to Plaintiff against Defendant Monica L. Wellington. (tah)
October 7, 2020 Opinion or Order Filing 221 JUDGMENT AWARDING REASONABLE ATTORNEY'S FEES AND NONTAXABLE EXPENSES by District Judge Kenneth J. Gonzales. (tah)
February 27, 2020 Opinion or Order Filing 216 ORDER by District Judge Kenneth J. Gonzales that Plaintiff may file a reply to Plaintiff's Motion for Award of Attorney Fees and Costs no later than 3/12/2020. (tah)
December 20, 2019 Opinion or Order Filing 204 JUDGMENT OF FORECLOSURE AND SALE, AND APPOINTMENT OF SPECIAL MASTER by District Judge Kenneth J. Gonzales. Margaret Lake appointed as Special Master. (tah)
November 25, 2019 Opinion or Order Filing 200 ORDER LIFTING STAY by District Judge Kenneth J. Gonzales. MTGLQ will have until December 10, 2019, to file a response to Ms. Wellington's objections to the proposed judgment of foreclosure and sale. (tah)
November 7, 2019 Opinion or Order Filing 197 MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales granting 189 Motion for Stay of Execution of Judgment Pending Appeal. (tah)
October 3, 2019 Opinion or Order Filing 187 MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying 174 Plaintiff's Motion for Appointment of Receiver. (tah)
September 23, 2019 Opinion or Order Filing 179 SUMMARY JUDGMENT IN FAVOR OF PLAINTIFF by District Judge Kenneth J. Gonzales. (tah)
August 29, 2019 Opinion or Order Filing 176 ORDER by Magistrate Judge Laura Fashing denying 166 Motion to Amend/Modify Scheduling Order. (ccp)
July 22, 2019 Opinion or Order Filing 169 ORDER by District Judge Kenneth J. Gonzales granting 126 Motion for Default Judgments. (tah)
July 1, 2019 Opinion or Order Filing 165 MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying Defendant Wellington's request to vacate this Court's rulings for lack of subject matter jurisdiction; and lifting the stay imposed in the June 5, 2019, Memorandum Opinion and Order. (tah)
June 5, 2019 Opinion or Order Filing 161 MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying 125 Plaintiff's Motion to Strike Defendant Wellington's Notice of Probable Lack of Diversity & Jurisdiction and Plaintiff's Motion for Sanctions. (tah)
December 6, 2018 Opinion or Order Filing 130 ORDER by Magistrate Judge Laura Fashing granting 111 Motion for Protective Order. (ccp)
August 21, 2018 Opinion or Order Filing 100 STIPULATED JUDGMENT FORECLOSING THE INTEREST OF JPMORGAN CHASE BANK, N.A. by District Judge Kenneth J. Gonzales. (tah)
August 14, 2018 Opinion or Order Filing 98 MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying 74 Ms. Wellington's Motion to Reconsider. (tah)
June 22, 2018 Opinion or Order Filing 83 ORDER OF DISMISSAL by District Judge Kenneth J. Gonzales. Edmund Robinson (aka "The Unknown Spouse of Monica L. Wellington") is dismissed from this case without prejudice. (tah)
June 6, 2018 Opinion or Order Filing 77 MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying 54 David Wellington's Motion to Intervene. (tah)
April 27, 2018 Opinion or Order Filing 73 ORDER OF DISMISSAL by District Judge Kenneth J. Gonzales dismissing Ms. Wellington's counterclaim against JPMorgan (tah)
March 28, 2018 Opinion or Order Filing 69 ORDER by District Judge Kenneth J. Gonzales granting 8 Plaintiff/Counterdefendant's Motion to Dismiss Counterclaims; denying 9 Wellington's Motion to Dismiss Complaint; granting 11 Third Party Defendants Weinstein & Riley, P.S. and E lizabeth V. Friedstein's Motion to Dismiss Counterclaims; granting 15 JPMorgan Chase Bank, N.A.'s Motion to Dismiss First Amended Counterclaim; and granting 24 Paintiff/Counterdefendant's and Third Party Defendants' Renewed Motions to Dismiss Amended Counterclaims. (tah)
January 25, 2018 Opinion or Order Filing 57 ORDER by Magistrate Judge Laura Fashing granting in part and denying in part 47 Motion to Compel. The motion to compel is granted, but the request for sanctions is denied. Plaintiff is granted a 60-day extension (running from 1/24/2018) to serve Ms. Wellington's spouse. (ccp)
October 5, 2017 Opinion or Order Filing 44 ORDER by Magistrate Judge Laura Fashing denying without prejudice 36 Motion for Service by Publication. (ccp)
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Plaintiff: MTGLQ Investors, LP
Represented By: Elizabeth V Friedenstein
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Defendant: Monica Wellington
Represented By: Monica Wellington
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Defendant: The Monica L. Wellington Declaration of Trust Dated December 28, 2007
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Defendant: Altura Village Homeowners' Association, Inc.
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Defendant: JP Morgan Chase Bank, N.A.
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Defendant: FNU LNU
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Defendant: Profolio Home Mortgage Corporation
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Counter_defendant: Weinstein & Riley, P.S.
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Counter_defendant: Elizabeth V Friedenstein
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Counter_defendant: Rushmore Loan Management Services, LLC
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Counter_defendant: JP Morgan Chase Bank, N.A.
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Counter_defendant: Profolio Home Mortgage Corporation
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Counter_claimant: Monica Wellington
Represented By: Monica Wellington
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