CSM Foreclosure Trustee Corporation v. Brouk et al

Filing 35

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the United States' motion for summary judgment is GRANTED. ECF No. 31 . A separate judgment will accompany this Order. Signed by District Judge Audrey G. Fleissig on 7/5/2022. (JMP)

Case: 4:21-cv-01362-AGF Doc. #: 35 Filed: 07/05/22 Page: 1 of 2 PageID #: 129

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CSM FORECLOSURE
TRUSTEE CORPORATION,
Plaintiff,
vs.
CHRISTINE BROUK, et al.,
Defendants.

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Case No. 4:21-cv-01362-AGF

MEMORANUM AND ORDER
This matter is before the Court on a motion for summary judgment filed by the
United States as the last remaining Defendant in this interpleader action. ECF No. 31.
Plaintiff CSM Foreclosure Trustee Corporation filed this action in state court in
September 2021 naming Christine Brouk, Discover Bank, American Express, Midland
Funding, LLC, the United States, and the State of Missouri as defendant parties with a
potential claim to real estate foreclosure sale proceeds of $55,837.76 held by Plaintiff.
The United States removed the case to this Court pursuant to 28 U.S.C. § 2410(a) and
filed an answer claiming tax liens against the foreclosed property in the amount of
$113,036.90.
All other Defendants were served, but none filed an answer. Following the
Clerk’s entry of default against these Defendants (ECF No. 27), the Court entered default
judgment against them and ordered Plaintiff to deposit the funds into the Court registry.
ECF No. 30. Plaintiff promptly deposited the funds and has been dismissed from the
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Case: 4:21-cv-01362-AGF Doc. #: 35 Filed: 07/05/22 Page: 2 of 2 PageID #: 130

case by separate order concurrent herewith. The United States now moves for summary
judgment, claiming its entitlement to the funds in partial satisfaction of its liens against
the property.
Summary judgment is appropriate where there are no genuine issues of material
fact and the moving party is entitled to judgment as a matter of law. Shelter Ins. Cos. v.
Hildreth, 255 F.3d 921, 924 (8th Cir. 2001) (citing Fed. R. Civ. P. 56). In an interpleader
action where all defendants have defaulted but one, the remaining defendant is entitled to
the funds. Prudential Ins. Co. of Am. v. Freeman, 4:20-CV-01549-AGF, 2021 WL
5446731, at *1 (E.D. Mo. Nov. 22, 2021); S & W Foreclosure Corp. v. Okenfuss,
4:09CV353CDP, 2010 WL 106675, at *1 (E.D. Mo. Jan. 6, 2010); South & Associates,
P.C. v. Ford, 4:07-CV-2021 (JCH), 2008 WL 2906857, at *3 (E.D. Mo. July 24, 2008)
(collecting cases).
Accordingly,
IT IS HEREBY ORDERED that the United States’ motion for summary
judgment is GRANTED. ECF No. 31.
A separate judgment will accompany this Order.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 5th day of July 2022.

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