United States of America v. Wuster

Filing 12

JUDGMENT AND DECREE OF FORECLOSURE AND ORDER OF SALE in the amount of $55,790.91 plus accrued interest of 0.48 percent computed daily and compounded annually until paid in full; setting priority of liens and directing sale of premises; granting Plaintiff USA's motion for default judgment 10 against Defendant Scott E. Wuster. Ordered by Judge Richard G. Kopf. (Copy mailed to Scott E. Wuster via U.S. Mail)(LKH) Modified on 7/1/2009 to correct typing error (LKH).

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA U N IT E D STATES OF AMERICA, P l a in tif f , v. S C O T T E. WUSTER, Defendant. ) ) ) ) ) ) ) ) )

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J U D G M E N T AND DECREE O F FORECLOSURE A N D ORDER OF SALE

N o w on this 29th day of June, 2009, this cause came on for determination upon the C o m p lain t filed herein by the Plaintiff, United States of America. The Plaintiff appears b y and through its attorneys, Joe W. Stecher, United States Attorney for the District of N e b ra sk a , and Paul D. Boeshart, Assistant United States Attorney for said District. The D e f en d a n t Scott E. Wuster failed to answer or otherwise appear or plead to the allegations c o n ta in e d in the Complaint and said defendant is in default in this action. T H E R E F O R E , the Court, having examined the record of these proceedings, and h a v in g been fully advised in the premises, finds: T h a t the Court has jurisdiction of these proceedings pursuant to Title 28, U n ite d States Code, § 1345; T h a t due and legal notice of the pendency of this action has been given; And that the Court has acquired jurisdiction of all the parties. A N D this cause coming on further to be heard on the pleadings and the evidence a n d being submitted to the Court, on due consideration, the Court finds: T h a t each and all of the allegations of Plaintiff's Complaint are true;

T h a t Plaintiff is entitled to a Decree of Foreclosure in rem and Order of S a le as prayed; T h a t the premises herein described will sell to the best advantage in one e n tire tract. T h a t there is due and owing to the Plaintiff as of June 1, 2009, the principal su m of $47,525.61, plus accrued interest in the amount of $8,265.30, together with in te re st accruing at the rate of $10.85 per day from June 1, 2009, until the date of entry of th is decree. Interest will accrue on said sums from and after the date of entry of this d e c re e at the legal rate of 0.48 % computed daily and compounded annually until paid in full. The amount due Plaintiff as stated herein is the first lien on the following d e sc rib e d real estate in Saunders County, Nebraska, to-wit: Lot 13, Block 1, Timbercrest, a Subdivision, as surveyed, p la tte d and recorded in Saunders County, Nebraska IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED: T h a t judgment in rem should be and hereby is entered against the defendant and th e real estate which is the subject of this action. T h a t the above and foregoing findings are hereby made a part of this decree and o rd e r and by this reference incorporated herein; T h a t, if the costs as indicated below and the several amounts above found due and in ter e st thereon be not paid within twenty (20) days herefrom, all equity of redemption in sa id premises be foreclosed and said premises sold as upon execution in one entire tract; 2

T h at the Plaintiff shall apply for and the Clerk of the United States District Court s h a ll issue an Order of Sale; T h a t the United States Marshal for the District of Nebraska shall thereupon a d v e rtis e and sell, according to law, the aforementioned property; T h a t, as upon execution, said United States Marshal shall report his proceedings u n d e r this Decree and Order to this Court and shall deposit the proceeds of the sale, if a n y, into the Registry of the Court; T h a t, upon confirmation of said sale, said Clerk shall apply the proceeds as f o l lo w s : F irs t, to the payment of the costs of the Plaintiff, and to the United States M a rs h a l for service of Summons and Complaint and execution of Order of Sale; S e c o n d , to the payment of the amount found due the Plaintiff with interest th e re u p o n according to law; Third, to the payment of the costs of the United States Marshal for per diem a n d special requirements; T h a t said Clerk shall retain in the Registry of the Court any surplus from said sale u n til further order of the Court. T h a t the aforementioned costs will be determined, after confirmation of sale, p u rs u a n t to the procedures described in Rule 54.1 of the Local Rules of the United States D is tric t Court for the District of Nebraska.

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A n d that, upon confirmation by the Court of the sale of the aforementioned real e sta te , the United States Marshal shall execute a deed to the purchaser(s); and the parties o f this Decree and Order and all persons claiming under them are ordered to deliver p o sses sion of said real estate to such purchaser(s). B Y THE COURT:

s / Richard G. Kopf RICHARD G. KOPF U .S . DISTRICT JUDGE

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