The opinion of the court was delivered by: Hon. Sean F. Cox
This is a mortgage foreclosure case in which Plaintiff CitiMortgage, Inc. ("Citi") seeks foreclosure of a residential property. The matter is currently before the Court on Citi's Application for Entry of Partial Default Judgment. The Court held a hearing on March 11, 2010. For the reasons that follow, Citi's Application for Entry of Partial Default Judgment shall be granted as to both Andrea Crayton and Mercy Westbrook.
Citi filed this foreclosure action against Defendants Andrea Crayton ("Crayton"), Mercy Westbrook ("Westbrook"), and the United States of America ("United States") in Wayne County Circuit Court. The United States removed to federal court.
The property that is the subject of this action ("Property") is located at 19140 Woodson, Detroit, Michigan 48203, and is more particularly described as:
Lot 260 And 262, of Palmer Woods Subdivision, according to the Plat thereof, as recorded in Liber 32, Page(s) 16, Wayne County Records Tax ID: 02-004666, 02-004578 Citi's First Amended Complaint (Doc. No. 1 Ex. 1) alleges that Westbrook owned the Property until October 4, 2007, at which time Westbrook executed a warranty deed to Crayton.
Crayton made a promissory note to Royal Crown Bancorp for $417,000.00, and granted a purchase money mortgage on the Property.
Because Crayton has not appeared and has not presented any defense, the record is unclear as to whether Crayton actually executed the promissory note and purchased the Property, or whether she is a victim of identity fraud.
On March 7, 2008, Citi acquired the promissory note.
Crayton did not make any payments on the note.
Crayton has been served by certified mail at her address, P.O. Box 8211 St. Louis, Missouri 63156. Westbrook has been personally served at her address, 19522 Greenwald, Southfield, Michigan 48075.
On December 1, 2009, Citi filed a Motion for Default Judgment as to Crayton and Westbrook. On December 15, 2009, this Court denied the motion for failure to first get a Clerk's Entry of Default.
On December 24, 2009, Citi requested and was granted a Clerk's Entry of Default as to ...