Regions Bank v. Creekmore et al, No. 3:2022cv03001 - Document 59 (W.D. Ark. 2023)

Court Description: JUDGMENT re 57 OPINION AND ORDER (see Order for specifics). Signed by Honorable Timothy L. Brooks on November 30, 2023. (tg)

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Regions Bank v. Creekmore et al Doc. 59 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION REGIONS BANK d/b/a REGIONS MORTGAGE V. PLAINTIFF CASE NO. 3:22-CV-3001 KEVIN CREEKMORE; AMY CREEKMORE; ANGIE MARIE BROWN, Heir of Irene Thomas; JASON SCOTT MANEN, Heir of Irene Thomas f/k/a JASON ACOTT MANEN; MELISSA LYNN PECK, Heir of Irene Thomas f/k/a MELISSA MANEN PECK; and DANIEL HOWARD THOMAS, Heir of Irene Thomas, Executor of the Estate of Irene Thomas and Successor Trustee of the Thomas Family Living Trust DEFENDANTS JUDGMENT For the reasons set forth in the Courts’ Opinion and Order (Doc. 57) on summary judgment and Order on Attorney’s Fees and Costs (Doc. 59), IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: (1) any claim, right, title, or interest in the subject property that might be held by Melissa Lynn Peck, Angie Marie Brown, Jason Scott Manen, and Daniel Howard Thomas, individually and as successor trustee of the Thomas Family Living Trust is declared junior, subordinate, and inferior to any and all claims, right, title, and interest held by Regions Bank; (2) Regions Bank is granted judgment in personam against Kevin Creekmore and Amy Creekmore and in rem against the subject property for $142,189.88, together with accrued interest thereon from July 1, 2023 until paid, plus attorney’s fees, expenses, and costs, including late charges; 1 Dockets.Justia.com (3) Regions Bank, as the current owner and holder of the Note and servicer of the loan, has good standing to proceed with foreclosure; (4) the Security Agreement held by Regions Bank is foreclosed; (5) Regions Bank’s lien is declared to have first lien position on the subject property; (6) the subject property is to be sold with proceeds of sale being applied pursuant to orders of this Court; and (7) all writs and processes necessary for the enforcement and execution of this Judgment may issue. IT IS SO ORDERED AND ADJUDGED on this 30th day of November, 2023. TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE 2

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