United States of America v. Allen et al

Filing 30

AMENDED DECREE OF FORECLOSURE AND SALE OF PROPERTY by the US Marshal. Costs and expenses of sale to be paid by the US Marshal from proceeds of sale. Signed by Honorable Henry F. Floyd on 10/30/08. (alew, ) (Additional attachment(s) added on 10/30/2008: # 1 Appraisal) (alew, ). Modified on 10/30/2008 to add attachment(alew, ).

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA GREENWOOD DIVISION UNITED STATES OF AMERICA, Plaintiff, vs. Charles Lee Allen; Alberta B. Allen; Newberry Federal Savings and Loan; J. P. Morgan Chase Bank as Trustee on behalf of the registered certificateholders of GSAMP Trust 2004-SEA2, Mortgage Pass-Through Certificates, Series 2004-SEA2; Bessie A. Chattman; Frank Allen; and Bobby Hiller and Lucy Hiller, Defendants. ) ) ) ) ) ) ) ) ) ) AMENDED DECREE OF FORECLOSURE AND SALE CIVIL ACTION NO. 8:07-3631 HFF

This is an action by the United States of America for the foreclosure of chattel, and other relief, pertaining to property located in Newberry County, South Carolina, which Security Agreement(s) were executed by Charles Lee Allen to the United States of America, acting through the Farmers Home Administration, n/k/a Farm Service Agency, United States Department of Agriculture, an agency of the plaintiff. Upon reading the Affidavit of George J. Conits, Assistant United States Attorney, the plaintiff's attorney of record, and after due consideration thereof and the record in the case, I hereby find and conclude as to the plaintiff's First Cause of Action, as follows:

1.

This action was commenced by the filing of a Summons and

Complaint on November 6, 2007 and the Amended Complaint was filed on June 23, 2008 and service was duly made on the defendants pursuant to law and as shown by the Affidavits of Service and/or other documents on file herein. The defendants, with the exception of Newberry

Federal Savings and Loan and J.P. Morgan Chase Bank, are now in default. I find that the allegations of the Complaint are true and

correct; that the statements contained in the default affidavit are true and correct and are supported by the exhibits of record in the case. The defendant(s), Charles Lee Allen, as of August 4, 2008 is

indebted to Plaintiff in the amount of $29,651.89, which amount includes principal and interest, as well as other advances; further, Plaintiff is entitled to daily interest accrual from the above stated date in the amount of $2.7708 for each day, and any advances thereafter paid for preservation of the property, as provided under the terms of the Security Agreement(s). Findings herein as to the

amount of judgment are based on and are in reliance upon Plaintiff's Affidavit of Default and Amount Due with attachments, particularly Exhibit C, all on file herein. 2. This Court has jurisdiction of the subject matter and of

the parties to this case; and the plaintiff is entitled to have its Security Agreement(s) foreclosed, the chattel sold, and the proceeds applied as set forth herein; said chattel is described as Attachment 1, attached hereto. 3. As between the parties to this action, the plaintiff's

Security Agreement(s) constitutes a first lien upon the chattel

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hereinabove described.

Defendants, have valid lien(s) upon the

security chattel hereinabove described junior to Plaintiff's Security Agreement(s). 4. action. 5. In light of the preceding findings and conclusions, I The Plaintiff does seek a deficiency judgment in this

further find and conclude that Plaintiff is entitled to the relief sought in its Second Cause of Action. NOW, THEREFORE, upon motion of the United States Attorney, it is ORDERED, ADJUDGED AND DECREED 1. is The defendant, Charles Lee Allen, as of August 4, 2008,

indebted to Plaintiff in the amount of $29,651.89, which amount

includes principal and interest, as well as other advances; further, Plaintiff is entitled to daily interest accrual from the above stated date in the amount of $2.77.08 for each day, and other charges accruing thereafter under the terms of the Security Agreement(s). 2. Plaintiff shall have judgment of foreclosure of its

Security Agreement(s) against the defendants, and the defendants and all persons claiming by, through, or under them are hereby forever barred from all right, title, interest and equity of redemption in and to the secured chattel hereinabove described, or to any part thereof. 3. It is FURTHER ORDERED that the defendant, Charles Lee

Allen, be required to assemble and turn over possession of all farm equipment described in the Complaint plus any increases, replacements or substitutions, to Plaintiff within 30 days of notice of the Court's

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order for the purpose of a sale of the property by the plaintiff pursuant to Plaintiff's Security Agreements. The defendant, Charles

Lee Allen, may contact the Farm Service Agency, f/k/a Farmers Home Administration, Farm Loan Manger in Newberry County, South Carolina, to arrange a mutually agreeable time to turn over this property. Alternatively, if the defendant, Charles Lee Allen, fails to comply with the provisions within 30 days as aforesaid, the United States Marshal is directed to take possession of the aforementioned farm equipment and deliver it to the plaintiff for the purpose of sale of the property by Plaintiff pursuant to its Security Agreement(s). The

proceeds of sale shall be applied to the indebtedness of the Farmers Home Administration, n/k/a Farm Service Agency, as set forth and referred to in this Decree of Foreclosure and Sale. AND IT IS SO ORDERED. S/Henry F. Floyd UNITED STATES DISTRICT JUDGE Spartanburg, South Carolina October 30, 2008

WE CONSENT: KORN LAW FIRM, P.A. By:s/ H. Guyton Murrell H. Guyton Murrell Attorney for the Defendant J.P. Morgan Chase Bank

C/A 8:07-3631 HFF

WE CONSENT: RICHARDSON, PLOWDEN & ROBINSON, P.A. By:s/ S. Nelson Weston, Jr. S. Nelson Weston, Jr. Attorneys for Newberry Federal Savings Bank n/k/a First Community Bank

C/A 8:07-3631