United States of America v. The Estate of Angela J. Sanders et al

Filing 32

General Judgment of Foreclosure. Signed on 11/27/2017 by Judge Michael J. McShane. (cp)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
EUGENE DIVISION

Civil No. 6:17-cv-00546-MC

UNITED STATES OF AMERICA,
Plaintiff,

v.
THE ESTATE OF ANGELA J. SANDERS;
DON ABEL; GRETCHENCHAPMAN;
SAVANNAH SANDERS; and THE
UNKNOWN HEIRS, DEVISEES,
SUCCESSORS IN INTEREST AND
CLAIMANTS TO THE EST ATE OF
ANGELA J. SANDERS,

GENERAL JUDGMENT 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 Angela J. Sanders; Don Abel now known as Devon
Abel, Gretchen Chapman, Savannah Sanders now known as Savannah Busby, and the unknown
heirs, devisees, successors, in interest and claimants to The Estate of Angela J. Sanders. See
Court Document No. 29.
IT IS ORDERED, ADJUDGED, AND DECREED:

1.

The Plaintiff recover from The Estate of Angela J. Sanders $136,774.44

($76,075.75 principal and $20,298.07 interest accrued through March 24, 2017, plus $32,773.86
subsidy subject to recapture and $6,913.78 fees) and interest to accrue at the daily rate of
$12.661 from March 24, 2017, until judgment and interest thereafter.at the annual rate (pursuant
to 28 USC§ 1961) of~ percent computed daily and compounded annually after judgment
until paid, and $1,099.20 for Plaintiffs costs and disbursements incuITed herein, plus costs of
sale.

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2.

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

trust recorded March 15, 2002, as Instrument No. 2002-07908, Official Records of Douglas
County, Oregon; and that Plaintiffs real estate deed of trust is a valid existing lien on the real
property described as follows:
Lots 19 and 20, Block 34, Amended Plat of Townsite of Sutherlin, County of
Douglas, State of Oregon
and is superior to the liens of all Defendants herein.
3.

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

paragraph 2 be sold 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 or on a day 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. The proceeds of the sale shall be applied as follows:
(a)
(b)
(c)

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.

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.

The 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

Page 2 - General Judgment of Foreclosure

person shall refuse to surrender possession to the purchaser immediately on the purchaser's
demand for possession.
6.

The Plaintiff shall have such other and further relief as is necessary to carry out

the above.
DATED this

2-1

day of __
fv_o_v____, 2017.

\_.

L----

HONORABLE MICHAEL J. McSHANE
UNITED STATES DISTRICT JUDGE
PRESENTED BY:
BILLY J. WILLIAMS
United States Attorney
District of Oregon
Tim Simmons
TIM SIMMONS
Oregon State Bar No. 924615
Assistant United States Attorney
405 e. gth Ave., Suite 2400
Eugene, Oregon 97401-2708
Telephone:
541-465-6740
Facsimile:
541-465-6917
Attorneys for Plaintiff

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