United States of America v. Pfahl et al
JUDGMENT AND DECREE OF FORECLOSURE AND ORDER OF SALE in the principal sum of $99,278.47, plus accrued interest in the amount of $19,120.47, together with interest accruing at the rate of $18.2645 per day from March 7, 2011, until the d ate of entry of this decree. Interest will accrue on said sums from and after the date of entry of this decree at the legal rate of 0.24 % computed daily and compounded annually until paid in full; setting priority of liens and directing sale of premises; granting plaintiff's motion for summary judgment 32 against the Defendants. Ordered by Judge Laurie Smith Camp. (Copies sent to defendants via U.S. Mail) (JSF)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
JASON R. PFAHL;
ANADY DEF. PFAHL; ERIC H.
LINDQUIST, P.C., L.L.O., Trustee;
REGISTRATION SYSTEMS, INC.
(“MERS”), Beneficiary; and
STATE OF NEBRASKA ex rel.
NEBRASKA DEPARTMENT OF
HEALTH AND HUMAN SERVICES,
CHILD SUPPORT ENFORCEMENT,
CASE NO. 8:10CV320
JUDGMENT AND DECREE
AND ORDER OF SALE
This cause came on for determination upon the Complaint and Motion for Summary
Judgment (Filing No. 32) filed herein by the Plaintiff, United States of America. The
Plaintiff appears by and through its attorneys, Deborah R. Gilg, United States Attorney for
the District of Nebraska, and Laurie M. Barrett, Assistant United States Attorney for said
District. The Defendant Jason R. Pfahl appears pro se. The Defendants Anady deF. Pfahl,
Eric H. Lindquist, P.C., L.L.O., Trustee, Mortgage Electronic Registration Systems, Inc.
("MERS"), Beneficiary failed to answer or otherwise appear or plead to the allegations
contained in the Complaint and said Defendants are in default in this action. E-Loan, Inc.,
Lender, and State of Nebraska ex rel. Nebraska Department of Health and Human
Services Child Support Enforcement, have disclaimed any interest in the property which
is the subject of this action. E-Loan, Inc., Lender, has been removed from the caption of
this case pursuant to this Court's order dated March 9, 2011. (Filing 35).
Upon consideration of the Motion for Summary Judgment filed by the Plaintiff (filing
32), the Court has determined that judgment should be entered for the Plaintiff for the relief
requested in the Complaint.
THEREFORE, the Court, having examined the record of these proceedings, and
having been fully advised in the premises, finds:
That the Court has jurisdiction of these proceedings pursuant to Title 28,
United States Code, § 1345;
That due and legal notice of the pendency of this action has been given;
And that the Court has acquired jurisdiction of all the parties.
AND this cause coming on further to be heard on the pleadings and the evidence
and being submitted to the Court, on due consideration, the Court finds:
That each and all of the allegations of Plaintiff's Complaint are true;
That Plaintiff is entitled to a Decree of Foreclosure in rem and Order of Sale
That the premises herein described will sell to the best advantage in one
That there is due and owing to the Plaintiff as of March 7, 2011, the principal
sum of $99,278.47, plus accrued interest in the amount of $19,120.47, together with
interest accruing at the rate of $18.2645 per day from March 7, 2011, until the date of entry
of this decree. Interest will accrue on said sums from and after the date of entry of this
decree at the legal rate of 0.24
% computed daily and compounded annually until paid
in full. The amount due Plaintiff as stated herein is the first lien on the following described
real estate in Douglas County, Nebraska, to-wit:
Lot 161, Ramblewood, a Subdivision, in Douglas County,
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED:
That the Plaintiff’s Motion for Summary Judgment (Filing No. 32) is granted.
That judgment in rem should be and hereby is entered against the defendants and
the real estate which is the subject of this action.
That the above and foregoing findings are hereby made a part of this decree and
order and by this reference incorporated herein;
That, if the costs as indicated below and the several amounts above found due and
interest thereon be not paid within twenty (20) days herefrom, all equity of redemption in
said premises be foreclosed and said premises sold as upon execution in one entire tract;
That the Plaintiff shall apply for and the Clerk of the United States District Court
shall issue an Order of Sale;
That the United States Marshal for the District of Nebraska shall thereupon advertise
and sell, according to law, the aforementioned property;
That, as upon execution, said United States Marshal shall report his proceedings
under this Decree and Order to this Court and shall deposit the proceeds of the sale, if any,
into the Registry of the Court;
That, upon confirmation of said sale, said Clerk shall apply the proceeds as follows:
First, 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;
Second, to the payment of the amount found due the Plaintiff with interest
thereupon according to law;
Third, to the payment of the costs of the United States Marshal for per diem
and special requirements;
That said Clerk shall retain in the Registry of the Court any surplus from said sale
until further order of the Court.
That the aforementioned costs will be determined, after confirmation of sale,
pursuant to the procedures described in Rule 54.1 of the Local Rules of the United States
District Court for the District of Nebraska.
And that, upon confirmation by the Court of the sale of the aforementioned real
estate, the United States Marshal shall execute a deed to the purchaser(s); and the parties
of this Decree and Order and all persons claiming under them are ordered to deliver
possession of said real estate to such purchaser(s).
DATED this 25th day of April, 2011.
BY THE COURT:
s/Laurie Smith Camp
United States District Judge
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