United States of America v. The Estate of LaFawn J. Brooks, Deceased et al

Filing 25

ORDER: General Judgment of Foreclosure Granting Motion for Judgment 23 . (See attached PDF for complete details). Signed on 6/9/2015 by Magistrate Judge Mark D. Clarke. (jkm)

BILLY J. WILLIAMS, OSB #901366
Acting United States Attorney
District of Oregon
TIM SIMMONS, OSB #92461
tim.simmons@usdoj .gov
Assistant United States Attorney
405 E. 8th A venue,- Suite 2400
Eugene, Oregon 97401-2708
Telephone: [phone]
Facsimile: 503-465-9617
Attorneys for United States

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

UNITED STATES OF AMERICA
Civil No. 1: 14-cv-01738-CL
Plaintiff,
v.

GENERAL JUDGMENT

THE EST ATE OF LaF AWN J. BROOKS
Deceased; AARON D. BROOKS;
DYNAMIC STRATEGIES INC.;
VELOCITY INVESTMENTS LLC, a
,Limited Liabi1ity Company; MIDLAND
FUNDING LLC; ASS~ET ACCEPTANCE
LLC; and THE UNKNOWN HEIRS,
DEVISEES, SUCCESSORS IN INTEREST
AND CLAIMANTS TO THE ESTATE OF
LaF AWN J. BROOKS, Deceased,

OF FORECLOSURE

Defendants.
This civil action is before the Court for entry of a General Judgment of Foreclosure based
on an Order of Default against The Estate of LaFawn J. Brooks, Deceased; and Defendants
Aaron D. Brooks; Dynamic Strategies Inc.~ Velocity Investments LLC, a limited liability
company; Midland Funding LLC; Asset Acceptance LLC; and the unknown heirs, devisees,
successors in interest and claimants to The Estate ofLaFawn J. Brooks, Deceased, previously
filed herein.

IT IS ORDERED, ADJUDGED, AND DECREED:
I.

That Plaintiff recover from The Estate of LaFawn J. Brooks; Deceased

$97,020.15 ($43,528.16 principal and $12,666.15 interest accrued through August 4, 2014, plus
$30,128.45 interest credit subsidy subject to recapture, and $10,697.39 administrative fees and
interest) with interest accruing thereafter at the daily rate of $7.75 until judgment and interest

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thereafter at the annual rate (pursuant to 28 USC § 1961) of _ _ percent computed daily and
compounded annually after judgment untilpaid, and $1,248.91 for Plaintiffs costs and
disbursements incurred herein, plus costs of sale.

2.

That the indebtedness referred to in paragraph 1 is secured by a real estate deed of

trust dated April 12, 1994, recorded April 12, 1994, as Instrument No. M0200540 in Book 99 at
Page 549, Official Records of Lake County, Oregon; and that Plaintiffs real estate deed of trust
is a valid existing lien on the real property described as follows:
The North 40 feet of Lot 8 in Block "D" of Lane's Addition to the Town of
Lakeview, Lake County, Oregon
and is superior to the liens of all Defendants herein.
3.

That Plaintiffs real estate deed of trust be foreclosed and the property described in

paragraph 2 be soid at public auction by the United States Marshal to the highest bidder for
cashier's check or certified check payable ten percent (10%) at the time of the bid and the.
balance to be paid by the end of the business day on a d?Y determined at the time of the sale and
made payable to "Clerk, U.S. District Court" to be deposited with the Clerk of the United States
District Court; and that the proceeds of the sakshall be applied as follows:

(a)
(b)
(c)
I

--

First, to the cost and expense of making the sale.
Second, in satisfaction of the sums due Plaintiff as set forth in
paragraph 1.
Third, that the surplus, if any, be paid to the Clerk of this Court to be
disbursed in accordance with further order of the Court.

4.

That the Defendants and all persons claiming any interest, lien or other right by,

through, or under them are forever barred and foreclosed from any interest in, lien upon, or other
right with respect to the property or any part thereof, except the right of redemption provided by
law.
5.

That Plaintiff or any other party to this suit may become

the purchaser at the sale

of the real property. The purchaser is entitled to exclusive possession of the real property from
and after the date of sale and is entitled to such remedies as are available at law to secure
possession, including a writ of assistance, if Defendants, or any of them, or any other party or
person shall refuse to surrender possession to the purchaser immediately on the purchaser's
demand for possession.

6.

That Plaintiff shall have such other and further rei ief as is necessary to carry out

the above.
DATED this

_c; day of
__

Vo f\12...J..,.· D. CLARKE
UNITED STATES MAGISTRATE JUDGE

l H I >..n

PRESENTED BY:
BILLY J. WILLIAMS
Acting United States Attorney
District of Oregon

Is/ Tim Simmons
TIM SIMMONS , OSB #92461

e-mail: tim.simmons@usdoj .gov
Assistant United StatesAttomey
405 E. 8th Ave., Suite 2400
Eugene, Oregon 97401-2708
Telephone: [phone]
Facsimile: 541-465-6917
Attorneys for Plaintiff

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