The Bank of New York Mellon FKA The Bank of New York, as Successor Trustee v. Johnson et al

Justia Dockets & Filings Fifth Circuit Texas Southern District 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 v. Johnson et al

Plaintiff:	The Bank of New York Mellon FKA The Bank of New York, as Successor Trustee
Defendant:	John Wayne Johnson and GAI IRA Property Tax Advantage, LLC
Case Number:	4:2016cv00376
Filed:	February 12, 2016
Court:	US District Court for the Southern District of Texas
Office:	Houston Office
County:	Harris
Presiding Judge:	Melinda Harmon
Nature of Suit:	All Other Real Property
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Date Filed	Document Text
October 11, 2017	Filing 25 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	Filing 20 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)

Date Filed

Document Text

October 11, 2017

Filing 25 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

Filing 20 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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Plaintiff: The Bank of New York Mellon FKA The Bank of New York, as Successor Trustee
Represented By:	Philip W Danaher
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Defendant: John Wayne Johnson
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Defendant: GAI IRA Property Tax Advantage, LLC
Represented By:	Vekeno Kennedy
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