United States of America v. Mathews et al

Filing 47

JUDGMENT AND DECREE OF FORECLOSURE AND ORDER OF SALE in the amount of $30,319.04 plus accrued interest of 9.5 percent computed daily and compounded annually until paid in full; setting priority of liens and directing sale of premises; granting P laintiff USA's motion for default judgment 45 against Defendant Pauline E. Mathews, Resurgent Capital Services, L.P., Credit Service Associates, Inc., d/b/a Credit Bureau of Kearney and General Collection Co. Ordered by Judge Richard G. Kopf. (LKL) Modified on 10/16/2008 to correct text. (LKL).

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA, P l a in tif f , v. PAULINE E. MATHEWS, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

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C O N S E N T JUDGMENT A N D DECREE OF F O R E C L O S U R E AND O R D E R OF SALE

N o w on this 15th day of October, 2008, this cause came on for determination upon th e Complaint filed herein by the Plaintiff, United States of America. The Plaintiff a p p e ars by and through its attorneys, Joe W. Stecher, United States Attorney for the D istric t of Nebraska, and Robert L. Homan, Assistant United States Attorney for said D is tric t. The Defendant Pauline E. Mathews appears by and through her attorney, W illiam V. Steffens. The Defendant General Collection Co. appears by and through its a tto rn e y, Richard E. Gee. Upon Plaintiff's Motion to Dismiss (filing 37), the Defendant C a m ille R. Hawk, Trustee, was dismissed from this action by the Court (filing 41). Upon P la in tif f 's Motion to Dismiss (filing 37), the Defendant Raymond A. Mathews (deceased) w a s dismissed from this action by the Court (filing 41). Defendant Adam R. Lucero has d is c la im e d any interest in the property (filing 44). The Defendants Resurgent Capital S e rv ic e s, L.P. and Credit Service Associates, Inc., d/b/a Credit Bureau of Kearney, failed

to answer or otherwise appear or plead to the allegations contained in the Complaint and s a id Defendants are in default in this action. An Entry of Default (filing 32) has been f ile d by the Clerk. 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, Section 1345; T h a t due and legal notice of the pendency of this action has been given; A n d 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 September 9, 2008, the p rin c ip a l sum of $24,150.20, plus accrued interest in the amount of $4,944.84, together w ith interest accruing on the principal sum due at the rate of $6.2773 per day from S e p te m b e r 9, 2008, until the date of entry of this decree, with $1,224.00 interest credit or

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s u b s id y subject to recapture. Interest will accrue on the total of said sums from and after th e date of entry of this decree at the legal rate of 9.500% computed daily and c o m p o u n d e d annually until paid in full. The amount due Plaintiff as stated herein is the f irst lien on the following described real estate in Dawson County, Nebraska, to-wit: All of Lot Ten (10), Block Nine (9) Schmeeckle's Subdivision o f Lots One (1) and Five (5) and Part of Lot Seven (7), Tract B of the Subdivision of a Part of the Southwest Quarter (SW 1 /4 ) of Section Six (6), Township Ten (10) North, Range T w e n ty Three (23), West of the Sixth P.M. in the City of Cozad, Dawson County, Nebraska. That there is due and owing to the Defendant General Collection Co. as of S e p te m b e r 11, 2008, the sum of $1,744.67. The amount due the Defendant General C o lle c tio n Co. as stated herein is the second lien on the above-described real estate. By v irtu e of her Answer to this action, Defendant Pauline E. Mathews no longer claims an interest in the subject real estate (filing 5, ¶ 4). IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED: T h a t judgment should be and is hereby entered against Defendants Pauline E. M a th e w s, Resurgent Capital Services, L.P., Credit Service Associates, Inc., d/b/a Credit B u re a u of Kearney and General Collection Co. T h a t judgment in rem should be and hereby is entered against the Defendants 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; 3

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; 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 ir st, to the payment of the costs of the Plaintiff, and to the United States Marshal for service of Summons and Complaint and execution of Order of Sale; S e c o n d , to the payment of the amount due the Plaintiff with interest th e re u p o n according to law; Third, to the payment of the amount found due the Defendant General C o lle c tio n Co. with interest thereupon according to law; F o u r th , to the payment of the costs of the United States Marshal for per d i e m and special requirements;

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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. 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 N I T E D STATES DISTRICT COURT

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P re p a re d and submitted by: U N I T E D STATES OF AMERICA B y: J O E W. STECHER U n ite d States Attorney D is tric t of Nebraska

A n d : /s / Robert L. Homan ROBERT L. HOMAN, #18580 A s s is ta n t United States Attorney 1620 Dodge Street, Suite 1400 O m a h a , NE 68102-1506 T e l: [phone] F a x : [phone] E -m a il: [e-mail] A p p ro v e d as to form and content: P A U L IN E E. MATHEWS, Defendant

B y:

/s / William V. Steffens WILLIAM V. STEFFENS, #17858 S te f fe n s Law Office, PC P .O . Box 363 B ro k e n Bow, NE 68822 (3 0 8 ) 872-8327 s t e f f e n s l a w @ i n e b r a s k a .c o m

G E N E R A L COLLECTION CO., Defendant

B y:

/s / Richard E. Gee RICHARD E. GEE, #11465 9 1 6 West 1st Street G ra n d Island, NE 68801 (3 0 8 ) 398-0449 r e g e e @ k d s i.n e t 6