United States of America v. Swanson et al

Filing 21

JUDGMENT AND DECREE OF FORECLOSURE AND ORDER OF SALE in the amount of $29,708.02, plus interest in the amount of $4,478.54, together with interest accruing at the rate of $5.868 per day from December 30, 2013, until the date of entry o f this decree. Interest will accrue on said sums from and after the date of entry of this decree at the legal rate, 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 filing 19 against all defendants as set forth in the Judgment. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to defendants via U.S. Mail)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,

Case No. 8:13CV183

vs.
CAROLYN J. SWANSON (Deceased),
et al.,

DEFAULT JUDGMENT AND
DECREE
OF FORECLOSURE AND
ORDER OF SALE

Defendant.
This matter is before the Court on the Motion for Default Judgment (Filing No. 19)
filed by Plaintiff United States of America (the “Government”).

For the reasons

discussed below, the Motion will be granted.
BACKGROUND
The Government filed its Complaint in this case on June 21, 2013 (Filing No. 1).
The Government appeared through its attorneys, Deborah R. Gilg, United States
Attorney for the District of Nebraska, and Robert L. Homan, Assistant United States
Attorney. The Defendants, Carolyn J. Swanson (Deceased), Jessica Swanson, Lavern
Swanson, Scherry Swanson, Ed Swanson, and the Unknown Heirs, Executors,
Administrators, Devisees, Trustees, Legatees, Creditors, and Assignees of Such of the
Defendants as May be Deceased; the Unknown Spouses of the Defendants; the
Unknown Stockholders, Officers, Successors, Trustees, Creditors and Assignees of
Such Defendants as are Existing, Dissolved or Dormant Corporations; the Unknown
Executors, Administrators, Devisees, Trustees, Creditors, Successors and Assignees of
Such Defendants as are or Were Partners or in Partnership; and the Unknown
Guardians, Conservators and Trustees of Such of the Defendants as are Minors or are

in Any Way Under Legal Disability; and the Unknown Heirs, Executors, Administrators,
Devisees, Legatees, Trustees, Creditors and Assignees of any Person Alleged to be
Deceased and Made Defendants as Such (collectively, the “Defendants”), failed to
answer or otherwise appear or plead to the allegations contained in the Complaint and
said Defendants are in default in this action.
FINDINGS
The Court has jurisdiction of these proceedings pursuant to Title 28, United
States Code, § 1345. The record shows 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.
Having considered the pleadings and the evidence and submitted to the Court, the
Court finds as follows:
A.

That each and all of the allegations of Plaintiff's Complaint are taken as
true;

B.

That Plaintiff is entitled to a Decree of Foreclosure and Order of Sale as
prayed;

C.

That the premises herein described will sell to the best advantage in one
entire tract;

D.

That there is due and owing by Defendants to the Plaintiff as of December
30, 2013, the principal sum, fees and other recoverable costs of
$29,708.02, plus interest in the amount of $4,478.54, together with interest
accruing at the rate of $5.868 per day from December 30, 2013, 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, computed daily and

*

2

compounded annually until paid in full. The amount due Plaintiff as stated
herein is the first lien on the following described real estate in Cherry
County, Nebraska, to-wit:
Lot Four (4), Block Eight (8), McDonalds Addition to
the City of Valentine, Cherry County, Nebraska
Accordingly,
IT IS ORDERED:
1.

The Motion for Default Judgment (Filing No. 19) filed by Plaintiff United
States of America, is granted;

2.

Judgment and decree of foreclosure is entered against Defendants,
Carolyn J. Swanson (Deceased), Jessica Swanson, Lavern Swanson,
Scherry Swanson, Ed Swanson, and the Unknown Heirs, Executors,
Administrators, Devisees, Trustees, Legatees, Creditors, and Assignees
of Such of the Defendants as May be Deceased; the Unknown Spouses of
the Defendants; the Unknown Stockholders, Officers, Successors,
Trustees, Creditors and Assignees of Such Defendants as are Existing,
Dissolved

or

Dormant

Corporations;

the

Unknown

Executors,

Administrators, Devisees, Trustees, Creditors, Successors and Assignees
of Such Defendants as are or Were Partners or in Partnership; and the
Unknown Guardians, Conservators and Trustees of Such of the
Defendants as are Minors or are in Any Way Under Legal Disability; and
the Unknown Heirs, Executors, Administrators, Devisees, Legatees,

*

3

Trustees, Creditors and Assignees of any Person Alleged to be Deceased
and Made Defendants as Such;
3.

The Court’s findings above are hereby made a part of this decree and
order and by this reference incorporated herein;

4.

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;

5.

The Plaintiff United States of America shall apply for and the Clerk of the
United States District Court shall issue an Order of Sale;

6.

The United States Marshal for the District of Nebraska shall thereupon
advertise and sell, according to law, the aforementioned property;

7.

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;

8.

Upon confirmation of said sale, said Clerk shall apply the proceeds as
follows:
a.

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;

b.

Second, to the payment of the amount found due the Plaintiff with
interest thereupon according to law; and

*

4

c.

Third, to the payment of the costs of the United States Marshal for
per diem and special requirements;

9.

The Clerk shall retain in the Registry of the Court any surplus from said
sale until further order of the Court;

10.

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

11.

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 27th day of February, 2014.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

*

5