USA v. Clanton et al

Filing 25

DEFICIENCY JUDGMENT: granting 23 Motion for Deficiency Judgment in the amount of $12,217.84. Signed by Honorable Harry F. Barnes on May 8, 2009. (cnn)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION UNITED STATES OF AMERICA, Plaintiff, v. CHARLES EVERETT CLANTON and MARY ANN CLANTON, Husband and Wife, FARMERS BANK OF HAMBURG, and STATE OF ARKANSAS, DEPARTMENT OF FINANCE AND ADMINISTRATION, Defendants. DEFICIENCY JUDGMENT On this 8th day of May, 2009, upon motion of the plaintiff for a deficiency judgment (Doc. 23), and it appearing to the Court that judgment was obtained on January 7, 2009, for the sum of $10,394.96, that upon judicial sale the proceeds of $58,792.90 were applied upon the priority lien of separate defendant, Farmers Bank of Hamburg. That there remains a deficiency of $10,394.96, plus interest of .37 percent per annum from date of judgment until paid in full, together with costs of this suit in the amount of $701.04 for fees of the United States Attorney, and $1,121.84 for fees of the United States Marshal. Upon consideration, the Court finds that the Motion for Deficiency Judgment filed by the United States of America should be and hereby is GRANTED. IT IS, THEREFORE, ORDERED, ADJUDGED and DECREED that the plaintiff, United States of America, United States Department of Agriculture, Farm Service, shall have and recover judgment against the separate defendants, Charles Everett Clanton and Mary Ann Clanton, jointly and severally, in the sum of $10,394.96, together with interest at the rate of .37 percent per annum from the date of this judgment until paid; and costs herein laid out and expended. Civil No. 08-1064

IT IS FURTHER ORDERED, ADJUDGED and DECREED and that the United States Attorney have and recover from the defendants, Charles Everett Clanton and Mary Ann Clanton, jointley and severally, the sum of $701.04 for costs incurred in litigating this suit; and, IT IS FURTHER ORDERED, ADJUDGED and DECREED and that the United States of America, on behalf of the United States Marshal's Service have and recover from the defendants, Charles Everett Clanton and Mary Ann Clanton, jointly and severally, the sum of $1,121.84, for costs incurred service of process and conducting the foreclosure sale.

/s/ Harry F. Barnes HONORABLE HARRY F. BARNES UNITED STATES DISTRICT JUDGE

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