United States of America v. Liming et al

Filing 27

JUDGMENT, DECREE OF FORECLOSURE AND ORDER OF SALE. (Copy placed on USMS shelf) (AMC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
UNITED STATES OF AMERICA,
CV 17-27-BLG-SPW
Plaintiff,
vs.

JUDGMENT, DECREE OF
FORECLOSURE AND ORDER
OF SALE

DONNIE D. LIMING, JENIFER
KOPP-KNIGHT f/k/a JENIFER
LIMING, CREDIT SERVICE CO.,
INC., COLLECTION BUREAU
SERVICES, INC., and BIG HORN
COUNTY, a political subdivision of
the State of Montana,
Defendants.

This matter having been brought before the Court by Plaintiff, United States
of America, by and through its attorney, Keith A. Jones, Assistant United States
Attorney for the District of Montana, and upon considering the pleadings filed
herein, it appears there is no issue of material fact, and the Court now makes the
following Findings of Fact and Conclusions of Law.

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FINDINGS OF FACT
1.

This court has jurisdiction of this action for the reason that the United

States of America is the party Plaintiff under 28 U.S.C. § 1345. The real property
that is subject to this foreclosure action is located in Big Hom County, and more
particularly described as follows:
Lot Two (2) of Block Nine (9) of the Fourth Addition to the Town (now
city) of Hardin, Montana.
2.

The United States loaned Jenifer Liming (n/k/a Jenifer Kopp-Knight)

and Donnie D. Liming the sum of $64,900.00 in the form of a Section 502 Rural
Housing loan and assumption agreement. These loans are evidence by an
assumption agreement for $42,000.00 and a promissory note for $22,900.00, both
dated January 30, 1997. A true and correct copy of the promissory note and
assumption agreement, the assumed promissory note and the additional promissory
note are attached to the Amended Complaint as Exhibit A, Exhibit B, and Exhibit

c.
3.

As security for the above described loans Jenifer Liming (n/k/a Jenifer

Kopp-Knight) and Donnie Liming executed a real estate mortgage on January 30,
1997, providing the United States a security interest in the real property described
above. The mortgage was filed for record with the Clerk and Recorder of Big
Hom County on January 30, 1997, as document number 314387. Additionally,
Rural Housing Service holds a prior mortgage, which is still of record (recorded
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December 9, 1988), which mortgage was executed by the prior borrowers, whose
loan Jenifer Liming (n/k/a Jenifer Kopp-Knight) and Donnie D. Liming assumed.
A true and correct copy of the mortgages are attached to the Amended Complaint
as Exhibit D and Exhibit E.
4.

On November 16, 1988, Donnie D. Liming quitclaimed his interest in

the property to Jenifer Liming (n/k/a Jenifer Kopp-Knight), and in April 1999, the
borrowers' marriage was dissolved. Donnie D. Liming was never released of
personal liability. Additionally, the loan was reamortized twice, once on August
19, 2000, and again on November 14, 2002, but both reamortizations were signed
only by Jenifer Liming (n/k/a Jenifer Kopp-Knight).
5.

Defendants, Jenifer Liming (n/k/a Jenifer Kopp-Knight) and Donnie D.

Liming, are in default under the terms of the promissory note and assumption
agreements described above due to failure to make timely payments of principal
and interest as agreed. The account was accelerated on October 14, 2016.
6.

Defendants, Jenifer Liming (n/k/a Jenifer Kopp-Knight) and Donnie

D. Liming, are indebted to the Plaintiff for the loans outlined above in the principal
amount of$54,890.00, plus interest computed at the daily rate of$10.90 per day
for the accrued total amount of $3,096.40, plus escrow/impound required fees in
the amount of$7,269.81 and fees of $662.60 ($186.60 late charges and $476.00
not yet assessed), for a combined total of $65,918.81 as of December 8, 2016. In
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addition, if the value of the real property exceeds the principal and accrued interest
($65,918.81), the Rural Housing Service is entitled to repayment of the interest
credit subsidy pursuant to the repayment agreement dated January 30, 1997,
attached to the Amended Complaint as Exhibit D. The interest subject to recapture
will be $46,439.85, making a total of $112,358.66 due and owing. Interest
continues to accrue from December 8, 2016, at the rate of $10.90 per day until the
date of entry of judgment. A true and correct copy of the Affidavit of Kimberly
Maines of Rural Housing Service is attached to the Amended Complaint as Exhibit
G, which verifies the amount due. Plaintiff seeks post-judgment interest pursuant
to 28 U.S.C. § 1961.
7.

Defendant, Credit Service Co., Inc., has or may have an interest in the

real property subordinate to the real estate mortgage of the United States by virtue
of a Transcript of Judgment against Jenifer L. Liming, (n/k/a Jenifer Kopp-Knight)
filed in the Justice Court of Record, Civil Division, Big Hom County, on March
26, 2007 under Cause No. DV 07-28, and a Transcript of Judgment against Jenifer
L. Liming (n/k/a Jenifer Kopp-Knight), filed in the Justice Court of Record, Civil
Division, Big Hom County, on March 18, 2010, under Cause No. DV 2010-19.
8.

Defendant Collection Bureau Services, Inc., a Montana Corporation,

has or may have an interest in the real property subordinate to the real estate
mortgage of the United States by virtue of a Default Judgment against Jenifer L.
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Liming (n/k/a Jenifer L. Kopp-Knight), filed in the Justice Court of Big Hom
County, May 12, 2016, under Cause No. DV 2016-28.
9.

Defendant, Big Hom County, has or may have an interest in the

property by virtue of real property taxes that may be due and owing. The principal
amount of such takes priority over the United States.
10.

Defendant Donnie D. Liming, was personally served by the United

States Marshal's office with a copy of the Summons and Amended Complaint.
(Dkt. 19.) Defendant Donnie D. Liming, did not make an appearance. His Default
was entered on May 25, 2017. (Dkt. 25.)
11.

Defendant Jenifer L. Liming (n/k/a Jenifer Kopp-Knight), was

personally served by the United States Marshal's office with a copy of the
Summons and Amended Complaint. (Dkt. 20.) Defendant Jenifer L. Liming
(n/k/a Jenifer Kopp-Knight) did not make an appearance. Her Default was entered
on May 25, 2017. (Dkt. 25.)
12.

Defendant Collection Bureau Services, Inc., executed a Waiver of

Service of Summons it was filed with the Court on April 3, 2017. (Dkt. 17.)
Defendant Collection Bureau Services, Inc., did not make an appearance. Its
Default was entered on May 25, 2017. (Dkt 25.)
13.

Defendant Credit Service Co., Inc., executed a Waiver of Service of

Summons it was filed with the Court on April 3, 2017. (Dkt. 16.) Defendant
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Credit Service Co., Inc., did not make an appearance. Its Default was entered on
May 25, 2017. (Dkt. 25.)
14.

Lance Pedersen, counsel for Big Hom County, executed a Waiver of

Service of Summons; it was filed with the Court on March 17, 2017. (Dkt. 14.)
On March 17, 2017, Defendant Big Hom County, filed a stipulation with the
United States consenting to entry of judgment, decree of foreclosure, and order of
sale. It was further stipulation that any judgment shall recognize the priority of the
principal amount of any real property taxes owed or to be assessed against the
property that is subject of the foreclosure to the date of sale. (Dkt. 15.)
CONCLUSION OF LAW
15.

Big Hom County, Montana has priority for the principal amount of

any assessed taxes to the date of sale.
16.

Plaintiff, United States of America, is entitled to foreclosure judgment

against Defendants, Donnie D. Liming and Jenifer L. Liming (n/k/a Jenifer KoppKnight) in the principal amount of $54,890.00, plus interest computed at the daily
rate of$10.90 for the accrued total amount of $3,096.40 as of December 8, 2016,
plus escrow/impound required fees in the amount of $7 ,269 .81 and fees of $662.60
($186.60 late charges and $476.00 not yet assessed), for a combined total of
$65,918.81 as of December 8, 2016. In addition, ifthe value of the real property
exceeds the principal and accrued interest ($65,918.81), the Rural Housing Service
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is entitled to repayment of the interest credit subsidy pursuant to the repayment
agreement dated January 30, 1997. The interest subject to recapture will be
$46,439.85, making a total of $112,358.66 due and owing as of December 8, 2016.
Interest continues to accrue from December 8, 2016, at the rate of $10.90 per day
until the date of entry of judgment. Plaintiff is entitled to post-judgment interest
pursuant to 28 U.S.C. § 1961.
17.

The Plaintiff, United States, is entitled to an order of sale of the real

property described herein.
Wherefore, based upon the forgoing Findings of Fact and Conclusions of
Law,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
1.

Plaintiff, the United States of America, have judgment against

Defendants Donnie D. Liming and Jenifer L. Liming (n/k/a Jenifer Kopp-Knight),
in the principal amount of $54,890.00, plus interest computed at the daily rate of
$10.90 forthe accrued total amount of$3,096.40 as of December 8, 2016, plus
escrow/impound required fees in the amount of$7,269.81 and fees of $662.60
($186.60 late charges and $476.00 not yet assessed), for a combined total of
$65,918.81 as of December 8, 2016. In addition, ifthe value of the real property
exceeds the principal and accrued interest ($65,918.81), the Rural Housing Service
is entitled to repayment of the interest credit subsidy pursuant to the repayment
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agreement dated January 30, 1997. The interest subject to recapture will be
$46,439.85, making a total of $112,358.66 due and owing as of December 8, 2016.
Interest continues to accrue from December 8, 2016, at the rate of $10.90 per day
until the date of entry of judgment. Plaintiff is entitled to post-judgment interest
pursuant to 28 U.S.C. § 1961.
2.

Each and all of the material allegation contained in Plaintiffs Amended

Complaint are true and correct.
3.

The real property described hereafter, together will all improvements,

tenements, rights, privileges, and appurtenances, be foreclosed and ordered sold at
public auction by the U.S. Marshal for the District of Montana in the manner
provided by law and according to the course and practice of this Court with
Counsel for Plaintiff to prepare a Notice of Sale and to file the Affidavit of
Publication with the Petition for Confirmation of U.S. Marshal's Sale. The real
property is located in Big Hom County, Montana, and described as follows:
Lot Two (2) of Block Nine (9) of the Fourth Addition to the Town (now
city) of Hardin, Montana.
Common Address: 717 North Crook Avenue, Hardin, Montana.
4.

The real property be sold with the right of redemption as provided in

Mont. Code Ann. §§ 25-13-801 through 25-13-825.
5.

The real property be sold in one unit.

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6.

If Plaintiff is the purchaser at the sale of the real property, payment to

the U.S. Marshal need not be in cash, but in the form of suitable documentary
evidence as a debit against the judgment.
7.

The U.S. Marshal be required to provide a Certificate of Sale to the

purchaser at the time of sale of the real property. The purchaser be entitled to a
deed to the premises at the expiration of one year from the date of the sale, unless
the premises are previously redeemed as provided by law.
8.

In the event the Plaintiff is the purchaser at the sale and possession of

the premises is not surrendered to the Plaintiff upon issuance of a Marshal's deed,
a writ of assistance be issued directing the U.S. Marshal to deliver possession of
the premises to the Plaintiff.
9.

The U.S. Marshal for the District of Montana, out of the proceeds of

the sale of the real property, shall retain his fee, disbursements, and expenses of the
sale and any excess sale proceeds shall be paid in the following amounts to the
following entities with the following priorities:
A.

To Big Hom County, Montana, to satisfy the principal amount of any
assessed taxes, to date of sale.

B.

To Plaintiff, United States, to satisfy the judgment set forth in
paragraph 1 above.

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C.

Any overplus remaining after the payments to Big Hom County and
Plaintiff shall be paid by the U.S. Marshal for the District of Montana
to the Clerk of this Court for further order of this Court.

10.

That ifthe monies from the sale are insufficient to pay the amounts

due to the Plaintiff, the expenses of sale, and the costs, the Plaintiff have a
deficiency judgment against Defendants Donnie D. Liming and Jenifer L. Liming
(n/k/a Jenifer Kopp-Knight).
11.

The Defendants, and any and all persons claiming under them, and all

persons having lien subsequent and inferior to the lien of the Plaintiffs mortgage,
either by mortgage, judgment, or decree, upon the real property described in the
mortgage subject of this foreclosure, and their personal representatives and all
persons claiming to have acquired any estate or interest in the premises, and every
part or parcel thereof, from and after the delivery of the U.S. Marshal's Deed.
12.

All or any of the parties to this action be entitled to purchase at the

sale. If Plaintiff purchases at the sale, then the rents, issues, and profits arising or
in any manner accruing to or from the premises, be due and payable to the
Plaintiff.

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DATED this

I

I

I ~ of October, 2017.
day

~~u~

lJSANP.WATiERS
United States District Court Judge

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