Wells Fargo Bank, National Association v. Ledesma Cortez

Opinion

□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT □□□ 22, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk BROWNSVILLE DIVISION WELLS FARGO BANK, NATIONAL § ASSOCIATION, as Trustee for ABCF 2006- § opt2 Trust, Asset Backed Funding § Corporation Asset Back Certificates, Series § 2006-opt2, § “Plaintiff,” § § v. § § Civil Action No. 1:24-cv-00121 LAURA LEDESMA CORTEZ, et al. § “Defendants.” § § ORDER Before the Court is the Magistrate Judge’s “Report and Recommendation to Grant Default Judgment and Award Fees” (Dkt. No. 47) (“R&R”), The R&R recommends that the Court GRANT Plaintiff's Motions (Dkt. No. 37 & 46) seeking default judgment and attorney’s fees and costs. Objections to the R&R were due May 15, 2025. No objections were filed. If there have been no objections to the Magistrate’s ruling, the appropriate standard of review is “clearly erroneous, abuse of discretion and contrary to law.” United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R (Dkt. No. 47) is ADOPTED. Plaintiffs Motions (Dkt. No. 37 & 46) are GRANTED. The Court finds the following: (1) Wells Fargo is the mortgagee of the Securty!Instrument; (2) The Deed of Trust is a valid and subsisting home equity lien against the Property; (3) Ruben Cortez, Sr., deceased, is in default on the loan; (4) Laura Ledesma Cortez, co-borrower, is in default on the loan; (5) Wells Fargo is entitled to enforce its in rem interest against the Property through non- judicial foreclosure of the Property; ] 1

(6) Wells Fargo is entitléd to the outstanding balance of the Note, pre-judgment interest, and post-judgment interest from the date of judgment until paid, all of which is secured by the Security Instrument on the Property; (7) Wells Fargo is entitled to attorneys’ fees and court costs as allowed under the. Note, Security Instrument, and Texas Civil Practices and Remedies Code; (8) All conditions precedent to foreclose on the Property occurred; and (9) Wells Fargo may further communicate with Defendants, and all third parties reasonably necessary to conduct the foreclosure sale.

The Clerk of the Court is ORDERED to enter the final default judgment for Plaintiff and against remaining Defendants and close this case.

Signed on'this ro” day of No , 2025.

United States District Jyage

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