Civil Court Case Information - Case History

Notice Of Dismissal With Prejudice And Release Of Lis Pendens

Notice Of Bankruptcy Filing

Notice of Lodging Proposed Form Of Judgment

Motion For Default Judgment With Hearing and Notice Of Hearing

Application For Attorney Fees And Costs

Affidavit In Support Of Award Of Attorney Fees And Statement Of Costs

Application For Entry Of Default And Affidavit On Default As To Heather M Johnson and Affidavit OF MILITARY STATUS AS TO HEATHER M JOHNSON

that Plaintiff have judgment against HUD as follows: 1. This Order pertains to the property at 24924 West Dove Mesa Drive,Buckeye, AZ 85326, (the Subject Property), legally described as: Lot 30, of DOVE COVE ESTATES, according to the Plat of record in the office of the County Recorder of Maricopa County, Arizona, recorded in Book 629 of Maps, Page 20 and affidavits of Correction recorded as 2003-1636615, 2004- 273721 and as 2004-273722, all of Official Records. 2. Plaintiff holds a valid statutory lien against the Subject Property by virtue of the declaration of covenants, conditions and restrictions recorded with the Office of the Maricopa County Recorder and A.R.S. § 33-1807(A). 3. Plaintiff may obtain a judgment on the Subject Property consistent with the relief prayed for in the Complaint. No money judgment shall be taken against HUD; 4. On or about September 21, 2020, Defendants Heather M. Johnson executed a Subordinate Deed of Trust in favor of Defendant HUD. On October 28, 2020, the Subordinate Deed of Trust was recorded with the Maricopa County Recorder at document number 20201039950; 5. The interest of HUD in the Subject Property is subordinate to the interest of Plaintiff; 6. Plaintiff and HUD shall each bear their own costs and attorneys fees incurred in this case, and Plaintiff shall not seek to recover costs or attorneys fees from HUD. Nothing in this paragraph shall preclude the Plaintiff from seeking attorneys fees and costs from other defendants; 7. This Order does not bar, extinguish and/or waive HUDs (including its affiliates, investors, predecessors, successors, assigns, authorized agents, or other holders of the promissory note and deed of trust) claim to any excess proceeds available following any foreclosure sale; 8. Absent the completion of any Sheriffs sale, Defendant HUDs rights and interest in the Subject Property, and its lien thereon, shall remain unaffected by the judgment in this case and shall be in full force and effect; 9. The judgment in this matter and Sheriffs Sale, if any, shall not affect Defendant HUDs (including its affiliates, investors, predecessors, successors, assigns, authorized agents, or other holders of the promissory note secured by the aforementioned Second Deed of Trust) rights and remedies as to the borrower(s) under the promissory note in any other way. 10. The stipulation between Plaintiff and HUD applies only to the Subject Property named in the complaint. The Stipulation shall not be construed as, or in any way constitute, a release or waiver of any other liens or interests which may be held by the United States of America, its officers, agencies, or assigns upon the Subject Property, including but not limited to, any tax liens asserted by the Department of Treasury or the Internal Revenue Service. The stipulation shall not prejudice any other rights HUD has against any of the parties to this action; 11. Plaintiff shall provide to Defendant United States Department of Housing and Urban Development a copy of any judgment, decree of foreclosure, notice of sheriffs sale, and/or notice of deposit of excess proceeds in this matter by sending a copy of the document by U.S. Mail to the Assistant United States Attorney representing HUD in this matter; 12. Plaintiff may incorporate the terms of this stipulation into a comprehensive final judgment of foreclosure and order of sale consistent with the relief prayed for in the Complaint;

STIPULATION TO JUDGMENT AS TO DEFENDANT SECRETARY OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

HEATHER M JOHNSON

SECRETARY OF HOUSING AND URBAN DEVELOPMENT

Complaint

Request for Order to Show Cause

Civil Cover Sheet

Summons

Summons

Summons

Application For Preliminary And Permanent Injunction

Certificate of Compulsory Arbitration

Notice of Lis Pendens