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Hsbc Bank Usa, National Association, As Trustee For Option One v. Damian J.

October 24, 2012

HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-HL1, ASSET-BACKED CERTIFICATES, SERIES 2007-HL1,
PLAINTIFF,
v.
DAMIAN J. MCCANN, LAURA D. MCCANN, UNITED STATES OF AMERICA,
DEFENDANTS.



The opinion of the court was delivered by: Hon. Philip M. Frazier United States Magistrate Judge

JUDGMENT OF FORECLOSURE AND ORDER OF SALE

THIS CAUSE COMING on to be heard upon the Complaint heretofore filed by the Plaintiff, HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-HL1, ASSET-BACKED CERTIFICATES, SERIES 2007-HL1, by and through its attorney, LAW OFFICES OF IRA T. NEVEL, LLC, and it appearing to the Court that the Plaintiff heretofore commenced this action by filing its Complaint against the Defendants, UNITED STATES OF AMERICA BY VIRTUE OF FEDERAL TAX LIEN RECORDED AS DOCUMENT NUMBER 2011R06536, DAMIAN J. MCCANN, LAURA D. MCCANN,UNKNOWN TENANTS, UNKNOWN OWNERS AND NON-RECORD CLAIMANTS, that the Affidavits required to make such UNKNOWN OWNERS parties defendant to this action were duly filed and UNKNOWN OWNERS have been duly and regularly made parties defendant to this action in the manner provided by law;

THAT THE PERSONS designated as UNKNOWN TENANTS, UNKNOWN OWNERS AND NON-RECORD CLAIMANTS, have been dismissed by the Plaintiff upon notice.

THE COURT HAVING received an Affidavit of Prove Up and being fully advised in the premises, finds that each of the remaining Defendants in this cause has been duly and properly brought before the

Principal $164,045.64

Accrued Interest Through August 28, 2012 $18,781.67 Interest From August 28, 2012 Through September 21, 2012 $512.88

Court, either through service of Summons or by publication, all in the manner provided by law; that due and proper notice has been given to each of the Defendants during the progress of this cause as required by law.

IT FURTHER APPEARING to the Court that all Defendants responded to the Plaintiff's Complaint within the time required by law, but that the Borrowers Damian J. McCann and Laura D. McCann did not respond to Plaintiff's motion for summary judgment.

IT FURTHER APPEARING to the Court that Plaintiff and the United States have entered certain stipulations in lieu of a bench trial, and the Court being fully advised in the premises,

FINDS AS FOLLOWS:

1. That the Court has jurisdiction of the parties to and the subject matter of this cause.

2. That all of the material allegations of the Complaint are true and proven against said Defendants and that the Note has been exhibited in open Court, and that the Mortgage/Trust Deed foreclosed exhibited in open Court, was recorded in the office of the MADISON COUNTY RECORDER OF DEEDS on December 27, 2006, and is known as Document Number 2006R67048; and that copies of the aforesaid evidence of indebtedness and security interest foreclosed have been and are attached to the Complaint, leave has been given to withdraw the originals of said Note and Mortgage and substitute therefore said copies.

3. That the material allegations of the Complaint filed herein are true and proven; that the equities of this cause are with the Plaintiff who is entitled to a Decree of Foreclosure in accordance with the prayer of the Complaint; and that there is, at this time, due to said Plaintiff upon the Note and Mortgage ...


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