United States of America v. Anderson, et al

Filing 12

JUDGMENT AND DECREE OF FORECLOSURE AND ORDER OF SALE - Owing to the plaintiff the principal sum of $71,233.73, plus accrued interest in the amount of $5,053.04, together with interest accruing at the rate of $12.3547 per day from July 28, 2008, until the date of entry of this decree. Interest will accrue at the legal rate of.48% computed daily and compounded annually until paid in full. Setting priority of liens and directing sale of premises. Granting plaintiff's motion for default judgment 10 against defendants Elizabeth Anderson and Unifund CCR Partners. Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed to defendants)(JAE, )

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IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA U N IT E D STATES OF AMERICA, P l a in tif f , v. E L IZ A B E T H ANDERSON and U N IF U N D CCR PARTNERS, D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) 8 :0 9 C V 2 3 J U D G M E N T AND DECREE O F FORECLOSURE AND O R D E R OF SALE N o w on this 1st day of July, 2009, this cause came on for determination upon the C o m p lain t filed herein by the Plaintiff, United States of America. The Plaintiff appears b y and through its attorneys, Joe W. Stecher, United States Attorney for the District of N e b ra sk a , and Robert L. Homan, Assistant United States Attorney for said District. The D e f en d a n t, Elizabeth Anderson, failed to answer or otherwise appear or plead to the a lle g a tio n s contained in the Complaint and said Defendant is in default in this action. The Defendant, Unifund CCR Partners, failed to answer or otherwise appear or plead to th e allegations contained in the Complaint and said Defendant is in default in this action. T H E R E F O R E , the Court, having examined the record of these proceedings, and h a v in g been fully advised in the premises, finds: T h a t the Court has jurisdiction of these proceedings pursuant to Title 28, U n ite d States Code, 1345; T h a t due and legal notice of the pendency of this action has been given; And that the Court has acquired jurisdiction of all the parties. A N D this cause coming on further to be heard on the pleadings and the evidence a n d being submitted to the Court, on due consideration, the Court finds: T h a t each and all of the allegations of Plaintiff's Complaint are true; T h a t Plaintiff is entitled to a Decree of Foreclosure In Rem and Order of S a le as prayed; T h a t the premises herein described will sell to the best advantage in one e n tire tract. T h a t there is due and owing to the Plaintiff as of July 28, 2008, the principal su m of $71,233.73, plus accrued interest in the amount of $5,053.04, together with interest accruing at the rate of $12.3547 per day from July 28, 2008, until the date of entry o f this decree. Interest will accrue on said sums from and after the date of entry of this d e c re e at the legal rate of .48% computed daily and compounded annually until paid in f u ll. The amount due Plaintiff as stated herein is the first lien on the following described re a l estate in Dawes County, Nebraska, to wit: L o t 3, Greiser Addition, a platted subdivision located in the S S o f Section 16, Township 33 North, Range 48 West 6 th P.M. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED: T h a t judgment in rem should be and hereby is entered against the Defendant and th e real estate which is the subject of this action. T h a t the above and foregoing findings are hereby made a part of this decree and o rd e r and by this reference incorporated herein; 2 T h a t, if the costs as indicated below and the several amounts above found due and in ter e st thereon be not paid within twenty (20) days herefrom, all equity of redemption in sa id premises be foreclosed and said premises sold as upon execution in one entire tract; T h at the Plaintiff shall apply for and the Clerk of the United States District Court s h a ll issue an Order of Sale; T h a t the United States Marshal for the District of Nebraska shall thereupon a d v e rtis e and sell, according to law, the aforementioned property; T h a t, as upon execution, said United States Marshal shall report his proceedings u n d e r this Decree and Order to this Court and shall deposit the proceeds of the sale, if a n y, into the Registry of the Court; T h a t, upon confirmation of said sale, said Clerk shall apply the proceeds as f o l lo w s : F irs t, to the payment of the costs of the Plaintiff, and to the United States M a rs h a l for service of Summons and Complaint and execution of Order of Sale; S e c o n d , to the payment of the amount found due the Plaintiff with interest th e re u p o n according to law; T h a t said Clerk shall retain in the Registry of the Court any surplus from said sale u n til further order of the Court. T h a t the aforementioned costs will be determined, after confirmation of sale, p u rs u a n t to the procedures described in Rule 54.1 of the Local Rules of the United States D is tric t Court for the District of Nebraska. 3 A n d that, upon confirmation by the Court of the sale of the aforementioned real e sta te , the United States Marshal shall execute a deed to the purchaser(s); and the parties o f this Decree and Order and all persons claiming under them are ordered to deliver p o sses sion of said real estate to such purchaser(s). B Y THE COURT: s / Joseph F. Bataillon JOSEPH F. BATAILLON U N IT E D STATES DISTRICT JUDGE 4