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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., et al. Defendants.

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

STIPULATED JUDGMENT AGAINST SALLY R. CLARK AND SAN DIEGO FORECLOSURE SERVICES, INC.
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, the Court orders 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.
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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