Federal Deposit Insurance Corporation v. Silver Key Construction, LLC et al

Filing 82

JUDGMENT. Signed on 4/26/12 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MISSOURI
WESTERN DIVISION
FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
THE COLUMBIAN BANK AND
TRUST COMPANY,
Plaintiff,
v.
SILVER KEY CONSTRUCTION, LLC,
et al.,
Defendants.

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Case No. 4:11-CV-00779-FJG

JUDGMENT
This cause comes before the Court on plaintiff Federal Deposit Insurance Corporation as
Receiver for The Columbian Bank and Trust Company’s (“FDIC-R”) Motion for Default Judgment
against defendants Silver Key Construction, LLC (“Silver Key”) and Christopher M. Johnson
(“Johnson”) (Doc. No. 37 & 39).
On August 5, 2011 Plaintiff FDIC-R filed a Complaint against Defendant Silver Key &
Defendant Christopher Johnson (Doc. No. 1). On December 7, 2011, Plaintiff filed a Motion for
Default Judgment against both Defendants (Doc. No. 37 & 39). On December 9, 2011, the Court
granted both Motions for Default Judgment (Doc. No. 41 & 40). On March 1, 2012, the Court held
a hearing to assess the damages amount. Plaintiff filed supplemental briefing on the issue (Doc. No.
76 & 78). The Court, being duly advised on the premises of this action finds the following:
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that plaintiff
Federal Deposit Insurance Corporation as Receiver for The Columbian Bank and Trust Company is

entitled to judgment in its favor on Count I of its Verified Complaint against defendants Silver
Key Construction, LLC and Christopher M. Johnson.
a.

Defendants Silver Key Construction, LLC and Christopher M. Johnson defaulted

under, inter alia, the Promissory Notes, the Deed of Trust, Assignment of Rents and
Guaranties;
b.

As a result of the default, Federal Deposit Insurance Corporation as Receiver for

The Columbian Bank and Trust Company was entitled to conduct the foreclosure sale on
June 23, 2011;
c.

The foreclosure sale was lawful and valid;

d.

The resulting Trustee’s Deed is valid, enforceable, and entitles Federal Deposit

Insurance Corporation as Receiver for The Columbian Bank and Trust Company to
exclusive right to the Property;
e.

Federal Deposit Insurance Corporation as Receiver for The Columbian Bank and

Trust Company, and its assigns, are the sole owners of the Property and the only parties
legally entitled to assert control over the Property and its tenants;
f.

Defendants Silver Key Construction, LLC and Christopher M. Johnson, their

agents, assigns, or anyone acting in concert with any of them, no longer have any legal
and/or equitable interest in and to the Property, including, but not limited to: the right to
possess, control, or lease the individual units, the right to contact the current tenant, the
right to demand rents from the tenants and/or initiate eviction, the right to collect past,
future, and/or future rents;
g.

Defendants Silver Key Construction, LLC and Christopher M. Johnson, their

agents, assigns and anyone acting in concert with any of them are prohibited and

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restrained from: being located on the Property; contacting and/or communicating with the
tenants; demanding or diverting any further rents; interfering with the management of the
Property; and recording any further documentation against the Remaining Property;
h.

Defendants Silver Key Construction, LLC and Christopher M. Johnson, their

agents, assigns and anyone acting in concert with any of them, must return any and all
pre-paid rents solicited from the tenants and return any further rents collected from the
tenants;
i.

The Affidavit of Ownership, the False Deed of Trust, and any other documents

recorded against the Property by defendants Silver Key Construction, LLC and
Christopher M. Johnson, following the foreclosure sale, shall have no binding legal
significance and shall not constitute any cloud upon Federal Deposit Insurance
Corporation as Receiver for The Columbian Bank’s title in and to the property and its right
to sole ownership of the Property pursuant to the Trustee’s Deed; and
j.

Federal Deposit Insurance Corporation as Receiver for The Columbian Bank and

Trust Company is entitled to its fees and costs incurred herein.
IT IS THEREFORE FURTHER ORDERED, ADJUDGED AND DECREED, that
plaintiff Federal Deposit Insurance Corporation as Receiver for The Columbian Bank and Trust
Company is entitled to judgment in its favor on Count II of its Verified Complaint against
defendants Silver Key Construction, LLC and Christopher M. Johnson, hereby ascertaining and
adjudging the title and interest of the respective parties in and to the Property; hereby declaring
that Federal Deposit Insurance Corporation as Receiver for The Columbian Bank and Trust
Company has a valid interest in the Property; that the interests of defendants Silver Key
Construction, LLC and Christopher M. Johnson, if any, and any other person or entity claiming

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an interest by or through them, are adjudged to be junior and inferior to the interests of Federal
Deposit Insurance Corporation as Receiver for The Columbian Bank and Trust Company.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Federal Deposit
Insurance Corporation as Receiver for The Columbian Bank and Trust Company have and recover
judgment in its favor on Counts III, IV, V, VI, VII, VIII, IX, and X of its Verified Complaint
against defendants Silver Key Construction, LLC, granting damages in the amount of $90,689.10,
together with interest at the statutory rate, for its costs incurred and expended including
reasonable attorney’s fees, and for interest on the judgment.
IT IS SO ORDERED.
Date: April 26, 2012
Kansas City, Missouri

S/ FERNANDO J. GAITAN, JR.
Fernando J. Gaitan, Jr.
Chief United States District Judge

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