United States of America v. Salazar et al
Filing
34
JUDGMENT AND DECREE OF FORECLOSURE AND ORDER OF SALE in the amount of $38,631.56, plus interest credit or subsidy in the amount of $5,430.99, and interest as of June 30, 2011, in the amount of $5,010.76, together with $34.57 in late charges, $3,468.23 in fees currently assessed and required, plus interest accruing from then at a daily rate of $8.33, until the date of entry of this decree; granting plaintiff's motion for default judgment 32 against defendants Manuel Salazar, Araceli Salazar, Michael F. Kivett, Trustee, CitiFinancial, Inc. (MD), and Midland Funding, LLC. Ordered by Judge Richard G. Kopf. (Copies mailed to defendants) (TEL)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
MANUEL SALAZAR and
ARACELI SALAZAR, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
8:10CV00328
JUDGMENT AND DECREE
OF FORECLOSURE AND
ORDER OF SALE
Now on this 2nd day of August, 2011, this cause came on for determination upon
the Complaint 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 Robert L. Homan, Assistant United States Attorney for said
District. The Defendants, Manuel Salazar; Araceli Salazar; Michael F. Kivett, Trustee;
CitiFinancial, Inc. (MD); and Midland Funding, LLC, failed to answer or otherwise
appear or plead to the allegations contained in the Complaint and said Defendants are in
default in this action.
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
as prayed;
That the premises herein described will sell to the best advantage in one
entire tract.
That there is due and owing to the Plaintiff as of June 30, 2011, the
principal sum of $38,631.56, plus interest credit or subsidy in the amount of $5,430.99,
and interest as of June 30, 2011, in the amount of $5,010.76, together with $34.57 in late
charges, $3,468.23 in fees currently assessed and required, plus interest accruing from
then at a daily rate of $8.33, 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
0.21
%
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 Dawson County,
Nebraska, to-wit:
The East Fifty Feet (E 50') of the North One Hundred Sixtyseven and eight tenths feet (N 167.8') of Lot Nine (9), and the
West Twenty-five feet (W 25') of the North One Hundred
Sixty-seven and eight tenths feet (N 167.8') of Lot Eight (8),
in Tract C, of the Subdivision of Tracts B and C, of the
Subdivision of the East Half (E ½) of Section Six (6), in
Township Nine (9) North, Range Twenty-one (21), West of
the 6th P.M., in Lexington, Dawson County, Nebraska.
2
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED:
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;
3
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).
BY THE COURT:
Richard G. Kopf
RICHARD G. KOPF
UNITED STATES DISTRICT JUDGE
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?