United States of America v Polyansky, et al

Filing 23

JUDGMENT AND DECREE OF FORECLOSURE AND ORDER OF SALE - The plaintiff's motion for default judgment (filing 21 ) is granted. The plaintiff is entitled to a decree of foreclosure in rem and order of sale. Judgment in rem is entered against the defendants and the real estate which is the subject of this action. The plaintiff shall apply for and the clerk of the court shall issue an order of sale. The United States Marshals Service for the District of Nebraska shall advertise and sell t he real estate as provided by law. Upon execution, the Marshals Service shall report the proceedings under this judgment to the Court and shall deposit the proceeds of the sale, if any, into the registry of the Court. Upon confirmation of th e sale, the clerk shall apply the proceeds: first, to the payment of the plaintiff's costs, and to the Marshals Service for service of summons and complaint and execution of order of sale; second, to the payment of the amount found due to the plaintiff, with interest, as provided by law; and third, to the payment of the costs of the Marshals Service for per diem and special requirements. The clerk shall retain any surplus in the registry of the Court until further order. The cost s will be determined, after confirmation of the sale, pursuant to NECivR 54.1. Upon confirmation of the sale by the Court, the Marshals Service shall execute a deed to the purchaser(s), and the parties to this judgment and all persons claiming under it are ordered to deliver possession of the real estate to the purchaser(s). Ordered by Judge John M. Gerrard. (1 Certified copy to USM; Copy E-mailed to Finance and Copy mailed to pro se parties)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
VLADIMIR POLYANSKY, et al.,

8:15-CV-253
JUDGMENT AND DECREE OF
FORECLOSURE AND ORDER OF
SALE

Defendants.
Pursuant to Fed. R. Civ. P. 55(b), the plaintiff has filed a motion for
default judgment (filing 21). Pursuant to Fed. R. Civ. P. 55(a), default was
entered by the clerk (filing 20) on October 27, 2015 against the defendants:
Vladimir V. Polyansky; Svetlana N. Polyansky; Applied Card Systems, Inc.;
Igor Stoyan; Yelena Stoyan; Midland Funding, LLC d/b/a Encore Funding,
LLC; and Capital One Bank. The Court, having reviewed the pleadings and
the plaintiff's evidence, finds that the requirements of Fed. R. Civ. P. 55(b)
and NECivR 55.1 have been satisfied, and will grant the plaintiff's motion for
default judgment and enter judgment accordingly.
IT IS ORDERED:
1.

The plaintiff's motion for default judgment (filing 21) is
granted.

2.

The plaintiff is entitled to a decree of foreclosure in rem
and order of sale.

3.

Judgment in rem is entered against the defendants and the
real estate which is the subject of this action.

4.

The real estate described below will sell to the best
advantage in one entire tract.

5.

As of November 23, 2015, the Polyanskys owed the
plaintiff: $58,530.42 in principal, $16,911.64 in fees and
other recoverable costs attributed to the account,
$57,338.32 interest credit or subsidy, and $15,718.95

interest, plus interest accruing at the daily rate of 7.5
percent from November 23 until today.
6.

Interest will accrue on those sums from and after today at
the legal rate provided by 28 U.S.C. § 1961 of .36 percent,
computed daily and compounded annually, until the sums
are paid in full.

7.

The amount due to the plaintiff is the first lien on the
following described real estate: Lot 7, Wulf's 1st Addition to
the Village of Eagle, Cass County, Nebraska.

8.

If the costs as indicated below and the amounts found due
above, and interest thereon, are not paid within twenty (20)
days, all equity of redemption in the real estate will be
foreclosed and the real estate sold as upon execution in one
entire tract.

9.

The plaintiff shall apply for and the clerk of the court shall
issue an order of sale.

10.

The United States Marshals Service for the District of
Nebraska shall advertise and sell the real estate as
provided by law.

11.

Upon execution, the Marshals Service shall report the
proceedings under this judgment to the Court and shall
deposit the proceeds of the sale, if any, into the registry of
the Court.

12.

Upon confirmation of the sale, the clerk shall apply the
proceeds: first, to the payment of the plaintiff's costs, and to
the Marshals Service for service of summons and complaint
and execution of order of sale; second, to the payment of the
amount found due to the plaintiff, with interest, as
provided by law; and third, to the payment of the costs of
the Marshals Service for per diem and special
requirements. The clerk shall retain any surplus in the
registry of the Court until further order.

13.

The costs will be determined, after confirmation of the sale,
pursuant to NECivR 54.1.

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14.

Upon confirmation of the sale by the Court, the Marshals
Service shall execute a deed to the purchaser(s), and the
parties to this judgment and all persons claiming under it
are ordered to deliver possession of the real estate to the
purchaser(s).

Dated this 2nd day of December, 2015.
BY THE COURT:

John M. Gerrard
United States District Judge

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