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STATE OF NEW MEXICO
COUNTY OF DONA ANA
THIRD JUDICIAL DISTRICT
NOTICE TO DETERMINE
PAYMENT OF FUNDS
CV-2001-0149
Judge Manuel I. Arrieta
FORT BLISS FEDERAL CREDIT UNION, a federally chartered credit union,
Plaintiff, vs.
RICHARD A. CLARK and MARY P. CLARK, husband and wife, OCWEN FEDERAL BANK, FSB, and KEYSTONE MORTGAGE CORPORATION, INC,
Defendants.
THIS MATTER having come before the Court upon Defendants' Clark Motion for Payment of Funds on September 18, 2014, the Defendants having appeared through counsel, the Court having determined that notice by publication necessary for the Defendants/Potential Claimants:
Ocwen Federal Bank, FSB, 12650 Ingenuity Drive, Orlando FL, 32828 (successor-in interest to Republic Bank of Florida, loan number 50028927); and
Keystone Mortgage Corporation, Inc., 69 Main Street, Keystone WV, 24852 (predecessor in interest to Republic Bank of Florida and assignee of mortgage from Unicor Funding, Inc., dated June 30, 1998, and filed for record with the Dona Ana County Clerk's office on September 4, 1998 at Book 146, Page 542);
Hereby orders that notice of the following should be given:
1. On November 29, 2009, Plaintiff Fort Bliss Credit filed a complaint to on the Defendants' Clark mortgage.
2. On September 17, 2001, Defendants Clark filed a joint bankruptcy petition under Chapter 7 in the District of New Mexico under case numbered 7-01-16298 SL. On October 29, 2001, Plaintiff obtained relief from the bankruptcy stay and proceeded with the foreclosure before this Court.
3. The automatic stay remained, “in effect unmodified with respect to collection of amounts owing by Debtor not satisfied from disposition of the collateral.” Stipulated Order Granting Fort Bliss Federal Credit Union Relief from Automatic Stay, page 2, filed 10/29/01.
4. Defendants Ocwen Federal Bank, FSB, 12650 Ingenuity Drive, Orlando, FL 32828 (successor in interest to Republic Bank of Florida, loan number 50028927) and Keystone Mortgage Corporation, Inc., 69 Main Street, Keystone WV, 24852 (predecessor in interest to Republic Bank of Florida and assignee of mortgage from Unicor Funding, Inc., dated June 30, 1998, and filed for record with the Dona Ana County Clerk's office on September 4, 1998 at Book 146, Page 542), were served by Plaintiff, failed to respond and were defaulted on a claim that their interests were inferior to Plaintiff's.
5. The Special Master's Report of Sale filed on February 13, 2003 in the foreclosure indicates that after payment of the judgment the excess of $12,082.46 was paid into the court registry for further distribution in accordance with a further order of the Court.
6. Defendants Clark now seek payment of the funds plus accrued interest from the registry of the Court.
7. Prior to the release of any funds, the Court will need to determine whether the bankruptcy estate has any claims to these funds.
8. Notice of publication in accordance with Rule of Civil Procedure 1-004 should be given by Defendants Clark to occur once a week for three consecutive weeks in a newspaper of general circulation in the counties where Defendants Ocem and Keystone are most likely to receive notice. Proof of publication should be filed with the Court.
If a response to the Motion for Payment of Funds is not filed with the Third Judicial District Court within fifteen (15) days from the date of last publication, the Court may proceed to conclude this matter and foreclose any interest on any party who has failed to enter an apperance.
IT IS SO ORDERED,
Manuel I. Arrieta,
District Judge, Div 1
Third Judicial District
201 W. Picacho Ave.
Las Cruces, New Mexico 88005
(575) 523-8225
July 30; Aug. 6, 13, 2015 15-03251W