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SCHMIDT v. SAN DIEGO FORECLOSURE SERVICES

United States District Court, S.D. California


October 14, 2005.

MARK S. SCHMIDT, an individual, Plaintiff,
v.
SAN DIEGO FORECLOSURE SERVICES, INC., a California Corporation; SALLY R. CLARK, an individual; LARRY O. SCHULTZ, an individual; SHARON LAY, an individual; IMPERIAL BANK, an entity of unknown form; JOHN W. ANDERSON, an individual; BARBARA ANDERSON, an individual; UNITED STATES OF AMERICA; STEWART TITLE COMPANY OF SAN DIEGO; and entity of unknown form; ORAHA SHOUNEYIA, an individual; NAJIBA SHOUNEYIA, an individual; SALIM KEMERKO; an individual; MARY KEMERKO, an individual and DOES 9 through 20, inclusive, Defendants.

The opinion of the court was delivered by: IRMA GONZALEZ, District Judge

JUDGMENT

It appearing from the records in the above-entitled action that summons has been served upon the defendants named below, and it further appearing from the affidavits of Plaintiff Mark S. Schmidt and Defendant Sally R. Clark, and other evidence presented in Plaintiff's Points and Authorities as required by Federal Rules of Civil Procedure 55(a) that each of the below defendants have failed to plead or otherwise defend in said action as directed in said Summons and as provided in the Federal Rules of Civil Procedure and/or the California Code of Civil Procedure. It further appearing that Defendants Sally R. Clark and San Diego Foreclosure Services, Inc. have stipulated to have judgment entered against them in accordance with the Settlement Agreement entered into by Plaintiff and the answering defendants.

Now, therefore, pursuant to that certain Settlement Agreement entered into in the above referenced matter, the declaration of Sally R. Clark, and on the records and file herein and further, on Plaintiff's request, Judgment is hereby entered against Defendants San Diego Foreclosure Services, Inc., Sally R. Clark, Oraha Shouneyia, Najiba Shouneyia, Salim Kemerko and Mary Kemerko as follows:

1. The Full Reconveyance of the Deed of Trust recorded on July 1, 1994 as document # 1994-0419886 of the Official Records in the San Diego County Recorder's Office was improperly recorded and is set aside;
2. That certain Deed of Trust executed by Sally R. Clark in favor of beneficiary, Mark S. Schmidt and recorded on June 10, 1994 as document # 1994-0375139 of the Official Records in the San Diego County Recorder's Office is hereby reinstated in full as of the date of its original recordation;
3. The Deed of Trust shall secure the full amount of $46,750.00. Simple interest on this debt shall have accrued at two and one half percent (2 1/2 %) per annum from June 29, 1994 to June 8, 2005. Simple interest on this debt shall then accrue at five (5) percent per annum from June 8, 2005 until payment. 4. That certain Deed of Trust executed by Sally R. Clark in favor of beneficiary, Mark S. Schmidt and recorded on June 10, 1994 as document # 1994-0375139 of the Official Records in the San Diego County Recorder's Office is hereby held to be valid and superior to that certain abstract of judgment recorded by Oraha & Najiba Shouneyia on April 7, 2003 as Document No. 2003-0385549 of the Official Records in the San Diego County Recorder's Office.
5. This Judgment is final and non-appealable upon entry by this Court;
6. The Clerk of Court is hereby ordered to enter this Judgment forthwith; and,
7. This Court shall retain jurisdiction over the parties in order to enforce this Judgment until performance in full of its terms.
20051014

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