United States of America v. Flores-Parra et al

Filing 24

JUDGMENT AND DECREE OF FORECLOSURE AND ORDER OF SALE in the amount of $44,194.84, plus accrued interest at the legal rate of.18 percent computed daily and compounded annually until paid in full; setting priority of liens and directing sale of premises; granting plaintiff's motion for default judgment 22 against defendants Juan Jose Flores-Parra and Eva L. Flores. Ordered by Judge Laurie Smith Camp. (GJG) (Copies sent to defendants via U.S. Mail)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
JUAN JOSE FLORES-PARRA
and EVA L. FLORES,
Defendants.

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CASE NO. 8:10CV333

JUDGMENT AND DECREE
OF FORECLOSURE
AND ORDER OF SALE

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
Laurie M. Barrett, Assistant United States Attorney for said District. The Defendants
Juan Jose Flores-Parra and Eva L. Flores, failed to answer or otherwise appear or
plead to the allegations contained in the Complaint and said Defendant is 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 May 5, 2011, the principal
sum of $38,347.05, plus accrued interest in the amount of $5,847.79, together with
interest accruing at the rate of $7.03 per day from May 5, 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 .18% 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 Cuming County, Nebraska, to-wit:
Block Two (2), Hughes Addition to the City of W est Point,
Cuming County, Nebraska, excepting therefrom the west
121 feet thereof.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED:
That judgment in rem should be and hereby is entered against the defendant
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
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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.

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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 7th day of June, 2011.
BY THE COURT:

s/Laurie Smith Camp
United States District Court Judge

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