United States of America v. Raya Gutierrez et al

Filing 28

ORDER GRANTING 27 MOTION FOR DEFAULT JUDGMENT in favor of United States of America against Juan Raya-Gutierrez and Maria Elena Raya Aguirre. Signed by Judge Rosanna Malouf Peterson. (CV, Case Administrator)

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

1

Nov 21, 2018
2

SEAN F. MCAVOY, CLERK

3
4
UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF WASHINGTON

6
7

UNITED STATES OF AMERICA,
NO: 1:16-CV-3198-RMP
Plaintiff,

8
v.

ORDER GRANTING MOTION FOR
DEFAULT JUDGMENT

9
10
11
12
13
14
15
16
17

JUAN RAYA-GUTIERREZ, also
known as Juan R. Gutierrez, also
known as Juan G. Raya; MARIA
ELENA RAYA AGUIRRE, also
known as Maria Elena Raya, also
known as Maria Aguirre, also known
as Maria Raya; STATE OF
WASHINGTON DEPARTMENT OF
SOCIAL AND HEALTH SERVICES;
CAPITAL ONE BANK (USA) NA;
CAVALRY SPV I, LLC; ARMANDO
RAYA; JUAN RAYA, JR.;
ELIZABETH RAYA; and JUAN
GEORGE RAYA,
Defendants.

18
19

BEFORE THE COURT is the United States’ Application for Judgment and

20

Decree of Foreclosure. ECF No. 27. The Defendants Juan Raya-Gutierrez and

21

Maria Elena Raya-Aguirre Stanley stipulated to the entry of judgment, ECF No.
ORDER GRANTING MOTION FOR DEFAULT JUDGMENT ~ 1

1

19-1, and on September 7, 2018, the Clerk of Court entered an order of default

2

against Defendants State of Washington, Department of Social and Health

3

Services; Capital One Bank (USA) N.A.; Cavalry SPV I, LLC; Juan Raya, Jr.;

4

Elizabeth Raya; Juan George Raya; and Midland Funding, LLC. ECF No. 26.

5
6
7

Accordingly, having reviewed the record in this matter, IT IS ORDERED,
ADJUDGED, and DECREED as follows:
1. Plaintiff is awarded judgment against Defendants Juan Raya-Gutierrez and

8

Maria Elena Raya-Aguirre (“Defendants”) in the amount of $180,710.58;

9

plus interest to accrue at the rate of $17.0071 per day from and after

10

September 18, 2018, to the date of judgment; plus interest from the date of

11

judgment at the rate set forth in 28 U.S.C. § 1961.

12
13

2. The debt upon which this judgment is based is secured and perfected by the
following:

14

a. A mortgage recorded November 8, 2002, under Auditor's File No.

15

2002-043711, Official Records of Benton County, Washington.

16
17

b. A mortgage recorded March 2, 2004, under Auditor's File No. 2004006862, Official Records of Benton County, Washington.

18

c. A mortgage recorded September 28, 2004, under Auditor's File No.

19

2004-034522, Official Records of Benton County, Washington.

20
21

d. A mortgage recorded April 21, 2005, under Auditor's File No. 2005012535, Official Records of Benton County, Washington.
ORDER GRANTING MOTION FOR DEFAULT JUDGMENT ~ 2

1
2
3
4
5

e. A mortgage recorded April 12, 2006, under Auditor's File No. 2006011491, Official Records of Benton County, Washington.
f. A mortgage recorded May 14, 2007, under Auditor's File No. 2007015042, Official Records of Benton County, Washington.
3. The foregoing mortgages cover the following described real property

6

situated in Benton County, State of Washington, see ECF No. 11-1 at 7, 17,

7

28, 37, 56 and 75, with the following legal description:

8
9
10
11

Sec 31, T9, R24, Lots 2 and 3, Short Plat No. 2661, as recorded under
Auditor’s File No. 2002-031467, Records of Benton County,
Washington.
Situated in Benton County, State of Washington
Assessor’s Parcel Numbers: 131944012661002 & 131944012661003
4. The real estate mortgages described in paragraph 2 above, which constitute

12

first and prior liens upon the real property described above, are hereby

13

foreclosed. Defendants and all persons claiming by, through or under them

14

are forever barred and foreclosed from asserting any right, title, or interest in

15

and to said property, except for the statutory rights of redemption, if any,

16

provided by law.

17

5. After the ten-day automatic stay of proceedings to enforce a judgment,

18

Plaintiff may present a motion for an order of sale. See Fed. R. Civ. P. 62(a)

19

& (f) (noting 14-day stay unless otherwise under state law for a judgment on

20

a lien); Wash. CR 62(a) (Washington Superior Court Civil Rule providing

21
ORDER GRANTING MOTION FOR DEFAULT JUDGMENT ~ 3

1

for ten-day stay); see also 18 Wash. Prac., Real Estate § 19.12 (2d ed.)

2

(describing the enforcement process).

3

The District Court Clerk is directed to enter this Order and provide copies to

4
5
6
7

counsel.
DATED this November 21, 2018.
s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
ORDER GRANTING MOTION FOR DEFAULT JUDGMENT ~ 4