The Bank of New York Mellon FKA The Bank of New York, as Successor Trustee v. Johnson et al
||The Bank of New York Mellon FKA The Bank of New York, as Successor Trustee
||John Wayne Johnson and GAI IRA Property Tax Advantage, LLC
||February 12, 2016
||US District Court for the Southern District of Texas
|Nature of Suit:
||All Other Real Property
|Cause of Action:
||28 U.S.C. § 1332
|Jury Demanded By:
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|October 11, 2017
ORDER denying 23 MOTION for New Trial, granting 24 MOTION for Leave to File Response to Motion for New Trial Out of Time (Signed by Judge Melinda Harmon) Parties notified.(jdav, 4)
|July 20, 2017
FINAL JUDGMENT. The Court ADOPTS the Memorandum and Recommendation as its own; and, ORDERS that Plaintiff's motion for summary judgment (#17) is GRANTED; DECLARES that BNYM is the current holder of the Note and beneficiary of the Security Instru ment and may pay off the tax lien on the Property currently held by Defendant GAI. The Court also ORDERS that BNYM shall have and recover a judgment in full amount of the debt from Johnson, as of 5/31/2017, plus prejudgment interest from that date a t the rate of 9.8% and postjudgment interest at the rate of 9.8%, and the judgment shall be satisfied from the foreclosure sale of the Property. The Court further ORDERS that an order of sale shall issue to any federal marshal, sheriff or constable, directing him or her to seize and sell the Property, and improvements located thereon, as under execution and satisfaction of this judgment. The Court further ORDERS that all foreclosure notices shall be mailed to Johnson at 7200 Wendemer e Street, Houston, Texas 77088. In addition the Court ORDERS that all costs are taxed against Johnson. Finally the Court ORDERS that BNYM is entitled to an award of reasonable attorney's fees. Plaintiff shall file an appropriate motion for su ch fees with supporting evidence within fourteen days of receipt of this Final Judgment pursuant to Federal Rule of Civil Procedure 54(d)(2). Defendants may file a response within ten days of receipt of Plaintiffs motion.(Signed by Judge Melinda Harmon) Parties notified.(rhawkins)
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