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14-1057 - CIT Bank, N.A. v. Sanchez et al


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14-1057 - CIT Bank, N.A. v. Sanchez et al
January 15, 2016
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STIPULATION AND ORDER WITHDRAWING ANSWER AND COUNTERCLAIM AND CONSENT TO FORECLOSURE: Approving the # 54 Stipulation. It is hereby STIPULATED AND AGREED, by and among the attorneys of record, all parties who have appeared in this action, that pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(ii) and 41(c), the Answer, including all defenses and counterclaims asserted in this matter, or which could have been asserted in this matter, by Defendants are dismissed with prejudice, without fees or costs to either party. It is further STIPULATED AND AGREED, that Defendants' Answer, and all counterclaims and defenses therein, shall be deemed withdrawn, and Defendants will not assert counterclaims or affirmative defenses in this action for foreclosure. It is further STIPULATED AND AGREED, that Defendants consent to, and will not consent, judgment of foreclosure and sale in favor of Plaintiff, any report by the Court of the amount due and owing to Plaintiff, and the sale of the Property, and will take no action to impair or impede Plaintiff's ability and right to foreclosure or take possession of the Property. IT IS SO ORDERED. Signed by Judge Brenda K. Sannes on 1/15/2016. (mc)