United States of America v. Banda
JUDGMENT AND DECREE OF FORECLOSURE AND ORDER OF SALE in the amount of principal sum of $81,015.77, plus accrued interest in the amount of $11,115.53, together with interest accruing at the rate of $15.84 per day from February 10, 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.27 percent annually until paid in full. Granting Plaintiff's Motion for default judgment 9 against Defendant Lurdes Banda. Ordered by Judge Laurie Smith Camp. (Copies mailed to defendants)(KBJ)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
CASE NO. 8:10CV347
JUDGMENT AND DECREE
OF FORECLOSURE AND
ORDER OF SALE
This cause is before the Court on 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 Defendant, Lurdes Banda, 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 and Order of Sale as
That the premises herein described will sell to the best advantage in one
That there is due and owing to the Plaintiff as of February 10, 2011, the
principal sum of $81,015.77, plus accrued interest in the amount of $11,115.53, together
with interest accruing at the rate of $15.84 per day from February 10, 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 .27
% 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:
Lot Three (3), Block Twenty (20), Lexington Heights Addition
to the City of Lexington, Dawson County, Nebraska.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED:
That judgment should be and hereby is entered against Defendant Lurdes Banda.
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 12th day of April, 2011.
BY THE COURT:
s/Laurie Smith Camp
United States District Court Judge
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