United States of America v. Johnson et al
JUDGMENT AND DECREE Of Foreclosure granting 10 Motion for Default Judgment. Signed by Judge Mark W Bennett on 1/09/2017. Judgment/NEF mailed to defaulted parties. (src)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
UNITED STATES OF AMERICA,
ROY LEE JOHNSON; DONNA JEAN )
JOHNSON; NATIONAL CASH OF
CARROLL; MIDLAND FUNDING,
LLC; and PARTIES IN POSSESSION; )
Civil No. 16-cv-3098-MWB
JUDGMENT AND DECREE OF FORECLOSURE
This matter is before the Court on plaintiff’s Motion for Default Judgment.
Plaintiff is entitled to judgment as a matter of law. The Motion for Default
Judgment is granted.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:
The Court has jurisdiction over all parties, defendants having been properly
served, under Fed. R. Civ. P. 4 and 5(a)(2). Roy Lee Johnson, Donna Jean Johnson,
National Cash of Carroll, Midland Funding, LLC and Parties in Possession, being in
default, the Motion for Default Judgment is granted as to all defendants. Judgment
is hereby rendered in personam against defendants Roy Lee Johnson and Donna
Jean Johnson in the amount of $110,102.04, and in rem against defendants Roy Lee
Johnson, Donna Jean Johnson, National Cash of Carroll, Midland Funding, LLC
and Parties in Possession and the mortgaged premises (described below) in the
amount of $110,190.19, which includes $82,821.26 in principal, advances, and any
other recoverable costs; $27,280.78 interest as of December 14, 2016, $88.15 interest
credit or subsidy subject to recapture plus interest accruing thereafter in the daily
amount of $15.60 per day until judgment; plus $400.00 for costs of court, $300.00
abstracting, $120.08 service fees; $50.00 state court recording fee; and statutory
interest after judgment.
Plaintiff’s mortgage is hereby established and declared to be the first,
superior, and paramount lien on the real estate described below. All the rights, title
and interest, claims and liens in and to the real property which defendants claim or
may have therein, whether the rights, title, interest, claims or liens be legal or
equitable, are hereby decreed to be subsequent, inferior and junior to the right, title,
interest, claims and liens of plaintiff.
Plaintiff’s mortgage is hereby foreclosed for the full amount of the in rem
Judgment. Both the in rem and in personam judgments are decreed to be a lien on
the mortgaged property from January 8, 2001. Defendants and all persons claiming
by, through, and under them are barred and foreclosed from all rights, title, and
interest in the real property with no post-sale right of redemption.
A Writ of Special Execution shall issue against the following real property
situated in Carroll County, Iowa:
Lot 7, Block 5 Bierl’s Addition to Carroll, Carroll
Under the Writ of Special Execution, the United States Marshal for the
Northern District of Iowa or his representative is commanded to sell the real
property in aid and enforcement of the claim, rights, and judgment of plaintiff at
public sale in accordance with 28 U.S.C. §§ 2001-2003. The sale shall be subject to
any unpaid real property taxes or special assessments.
The United States Marshal shall give public notice of the time and place of
the sale in the manner provided by law, and the publication shall be in a regularly
issued newspaper of general circulation within Carroll County, Iowa, published once
a week for at least four (4) weeks prior to the sale.
If plaintiff shall be the successful bidder at the sale, the United States
Marshal may take the receipt of plaintiff’s bid in lieu of cash payment.
The United States Marshal shall make and execute to the purchaser at the
sale a Certificate of Purchase, stating the price thereof, and shall deliver same to
the purchaser and also make report of the sale to this Court.
If the property is purchased by a bid other than that of plaintiff, after
deducting the costs of the sale from the proceeds thereof, the United States Marshal
shall deposit the proceeds with the Clerk of Court pending confirmation of the sale
and direction by the Court as to payment of the proceeds.
If the sale is confirmed by this Court, there being no right of redemption, a
Marshal’s Deed shall issue forthwith to the purchaser at the sale, or his heirs,
representatives, or assigns, and possession of the premises sold shall be given to the
holder of the Deed. If the holder of the Deed is denied possession, a Writ of
Assistance may issue out of this Court upon the filing of a proper Praecipe and
without further order of this Court. The Writ shall be issued to place the holder of
the Deed in peaceable possession of the real property.
Out of the proceeds arising from the sale there will be satisfied in the
following order as far as the same shall be sufficient:
The costs of the sale and of this action;
Plaintiff’s in rem judgment against the property and defendants Roy
Lee Johnson, Donna Jean Johnson, National Cash of Carroll, Midland
Funding, LLC and Parties in Possession and the in personam
judgment against Defendants Roy Lee Johnson and Donna Jean
The interest accruing on the United States’ judgment; and
The balance thereof, if any, to be brought into the Court to await
IT IS SO ORDERED.
DATED this 9th day of January, 2017.
MARK W. BENNETT
U.S. DISTRICT COURT JUDGE
NORTHERN DISTRICT OF IOWA
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