United States of America v. Campbell et al

Filing 15

JUDGMENT AND DECREE OF FORECLOSURE; granting 10 MOTION for Judgment and Decree of Foreclosure in favor of United States of America against Alex Joseph Campbell. Signed by Judge Stanley A Bastian. (AY, Case Administrator)

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

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Feb 22, 2019

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UNITED STATES DISTRICT COURT

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SEAN F. MCAVOY, CLERK

EASTERN DISTRICT OF WASHINGTON

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.

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FORECLOSURE

TAMPICO WELL USERS, and
TAMPICO STORE AND CAFÉ,
Defendants.

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JUDGMENT AND DECREE OF

ALEX JOSEPH CAMPBELL,

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No. 1:18-cv-03062-SAB

The Court held a motion hearing in the above-captioned matter on February
21, 2019. Brian Donovan appeared on behalf of Plaintiff and no one appeared on
behalf of Defendants. 1 At the hearing, the Court addressed the pending Motion for
Judgment and Decree of Foreclosure, ECF No. 10. The Court, having been fully
advised on the matter, finds good cause to grant the motion.

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Accordingly, IT IS HEREBY ORDERED:

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1. The Government’s Motion for Judgment and Decree of Foreclosure, ECF

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No. 10, is GRANTED.

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2. Plaintiff is awarded judgment against Defendant Alex Joseph Campbell

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in the amount of $203,407.50; plus interest to accrue at the rate of

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$15.6040 per day from and after November 29, 2018 to the date of

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Defendant Alex Joseph Campbell and Defendant Tampico Well Users stipulated
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and Café, an order of default was entered against for its failure to appear or
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JUDGMENT AND DECREE OF FORECLOSURE ^ 1

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judgment; plus interest from the date of judgment at the rate set forth in
28 U.S.C. § 1961 until paid in full, for costs of suit, including but not
limited to, the filing fee allowed pursuant to 28 U.S.C. § 2412 (a) (2), any
costs of enforcing the judgment, any costs incurred by FSA to bid at any
foreclosure sale, including but not limited to, costs of title work and
appraisals, and any other relief. However, no deficiency judgment may
be entered against Defendant Campbell.
3. The debt upon which this judgment is based has been secured and
perfected by the following:
a. A mortgage recorded June 26, 2013, under Auditor's File No.
7808421, Official Records of Yakima County, Washington.
b. A security agreement, perfected by a financing statement recorded
September 3, 2003, under Instrument No. 2003-246-434-6; a
continuation statement recorded March 4, 2008, under Instrument
No. 2008-064-2117-1; and a continuation statement recorded June
24, 2013, under Instrument No. 2013-175-0432-2, in the Official
Records of Washington State Department of Licensing.
i. The personal property described and perfected under the
above security agreement is as follows:
1. Oliver 1600Tractor, S/N 130322-607 9433
2. New Holland 425 Baler, S/N 503847
3. John Deere BA Grain Drill, S/N 60090
4. Hesston 6650 Swather, S/N 665—1251
5. Ford 3000 Tractor, S/N C461309
6. Massey Ferguson M-25 Hay Rake S/N 0006150
7. International 3BTM Plow
8. Powder River Calf Squeeze Chute, 2011

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JUDGMENT AND DECREE OF FORECLOSURE ^ 2

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9. Pasture Harross (4 Count) 5’

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10.International 10’ Disc

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11.Turnbow 16’ Stock Trailer, S/N D535TUD

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12.GMC Truck 2500, 1983, S/N 1GTCK24J3DF711833
4. The foregoing mortgage covers the following described real property
situated in Yakima County, State of Washington (ECF No. 1 Ex. C), with
the following legal description:
Lot 1 of Short Plat Recorded in Book 82 of Short Plats, Page 41, as
recorded under Auditor’s File No. 2642356, Records of Yakima
County, Washington. Situated in Yakima County, State of
Washington Assessor’s Parcel Numbers: 161217-22401
5. The real estate mortgage and security agreement described in paragraph 2
above are hereby foreclosed. Defendants and all persons claiming by,
through or under them are forever barred and foreclosed from asserting
any right, title, or interest in and to said property, except for the statutory
rights of redemption, if any, provided by law.
6. The interests of all Defendants are inferior to the interest of the United
States.
7. After the 10-day automatic stay of proceedings to enforce a judgment,
Plaintiff may present a motion for an order of sale. See Fed. R. Civ. P.
62(a) & (f) (noting 14-day stay unless otherwise under state law for a
judgment on a lien); Wash. CR 62(a) (10-day stay); see also 18 Wash.
Prac., Real Estate § 19.12 (2d ed.) (describing the enforcement process).
8. The United States Marshal for the Eastern District of Washington or
his/her representative will be authorized and directed under 28 U.S.C. §§
2001 and 2002 to offer for public sale and to sell the real property and
personal property listed in paragraph 2. The United States Marshal or

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his/her representative will be authorized free access to the real property
and to take all actions necessary to preserve the real property and
personal property, including, but not limited to, retaining a locksmith or
other person to change or install locks or other security devices on any
part of the real property, until the deed to the real property is delivered to
the purchaser at the foreclosure sale.
9. The United States or any party to the suit may become a purchaser at the
sale and the United States Marshal shall execute a Marshal’s Certificate
of Purchase to the real property in favor of the purchaser, and the
purchaser will be let into possession of the premises upon production of
the Marshal’s Certificate of Purchase. In the event the United States or its
agency, Farm Services of America of the United States Department of
Agriculture, is a successful bidder on the property, it shall have the right
to apply its judgment credits in lieu of cash thereon, and the United States
Marshal is authorized to accept such an arrangement.
10.The terms of the Order of Sale shall be as follows:
a. The sale of the real property and personal property shall be free
and clear of the interest of Defendants Campbell, Tampico Well
Users, and Tampico Store & Café, except to the extent that
Defendants have a right of redemption under RCW § 6.23 or
excess funds under RCW § 6.21. The redemption period shall be
12 months.
b. The sale shall be subject to building lines, if established; all laws,
ordinances, and governmental regulations (including building and
zoning ordinances) affecting the real and personal property; and
easements and restrictions of record, if any.

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c. The Sale shall be held at the courthouse of the county in which the
real property is located, on the real property’s premises, or at any
other place in accordance with the provisions of 28 U.S.C. §§ 2001
and 2002, and shall be announced in the Notice of Sale. The date
and time for sale are to be announced by the United States
Marshal, or his/her representative, in the Notice of Sale.
d. The Notice of Sale shall be published once a week for at least four
consecutive weeks before the sale in at least one newspaper
regularly issued and of general circulation in Yakima County, and,
at the discretion of the Marshal or his/her representative, by any
other notice deemed appropriate. The notice shall contain a
description of the real property and personal property; the time,
date, and location of the sale as determined by the United States
Marshal or his/her representative; the minimum bid as determined
by the Unites States; and the terms and conditions of sale listed in
subparagraphs f-l below.
e. The minimum bid for the Real Property will be set by the United
States. If the minimum bid is not met or exceeded, the Marshal or
his/her representative, with concurrence of the United States, may
without further permission of this Court, and under the terms and
conditions in this order of sale, hold a new public sale, if
necessary, and reduce the minimum bid as set by the United States,
or sell to the highest bidder.
f. The successful bidder for the real property shall be required to
deposit at the time of the sale with the Marshal, or his/her
representative, a minimum of ten percent (10%) of the bid, with
the deposit to be made by certified or cashier’s check payable to

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the United States District Court for the Eastern District of
Washington, or cash. Before being permitted to bid at the sale,
bidders shall display to the Marshal, or his/her representative,
proof that they are able to comply with this requirement. No bids
will be received from any person(s) who have not presented proof
that, if they are the successful bidder(s), they can make the deposit
required by this order of sale.
g. The balance of the purchase price for the real property is to be paid
to the United States Marshal within twenty (20) days after the date
the bid is accepted, by a certified or cashier’s check payable to the
United States District Court for the Eastern District of Washington.
If the bidder fails to fulfill this requirement, the deposit shall be
forfeited and shall be applied to cover the expenses of the sale,
including commissions due under 28 U.S.C. § 1921(c), with any
amount remaining to be applied to the Judgment at issue herein.
The real property shall again be offered for sale under the terms
and conditions of this order of sale, or, in the alternative, sold to
the second highest bidder if consented to by the United States.
h. The sale of the real property shall be subject to confirmation by
this Court. The Marshal shall file a report of sale with the Court,
together with a proposed order of confirmation of sale and
proposed deed, within thirty (30) days from the date of receipt of
the balance of the purchase price.
i. On confirmation of the sale, the Marshal shall execute and deliver
a deed of judicial sale conveying the real property to the purchaser.
j. On confirmation of the sale, all interests in, liens against, or claims
to, the real property and appurtenances that are held or asserted by

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all parties to this action are discharged and extinguished, except to
the extent that such Defendant has rights of redemption under
RCW § 6.23.
k. On confirmation of the sale, the recorder of deeds, Yakima
County, Washington, shall cause transfer of the real property and
appurtenances to be reflected upon that county’s register of title.
l. The sale shall be “as is” without warranty of any kind.
11.Until the real property and personal property is sold, all Defendants shall
take all reasonable steps necessary to preserve the real and personal
property (including all buildings, improvements, fixtures and
appurtenances on the real property) in their current condition including,
without limitations, maintaining a fire and casualty insurance policy.
They shall neither commit waste against the real property nor cause nor
permit anyone else to do so. They shall neither do anything that tends to
reduce the value or marketability of the real or personal property nor
cause nor permit anyone else to do so. They shall not record any
instruments, publish any notice, or take any other action (such as running
newspaper advertisements or posting signs) that may directly or
indirectly tend to adversely affect the value of the real property or that
may tend to deter or discourage potential bidders from participating in
the public auction, nor shall they cause or permit anyone else to do so.
12.All persons occupying the real property shall leave and vacate the real
property permanently within thirty (30) days of the date of this Order,
each taking with them his or her personal property (but leaving all
improvements, buildings, fixtures, and appurtenances to the real
property). If any person fails or refuses to leave and vacate the property
by the time specified in this Order, the United States Marshal’s Office is

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authorized to take whatever action it deems appropriate to remove such
person from the premises. Specifically, the United States Marshal (or
his/her designee) is authorized and directed to take all actions necessary
to enter the real property at any time of the day or night and evict and
eject all unauthorized persons located there, including Defendants, or any
other occupants. To accomplish this and to otherwise enforce this Order,
the United States Marshal (or his/her designee) shall be authorized to
enter the real property and any and all structures and vehicles located
thereon, and to use force as necessary. When the United States Marshal
concludes that all unauthorized persons have vacated, or been evicted
from the property, he/she shall relinquish possession and custody of the
property to the United States, or more specifically the FSA, or its
designee. No person shall be permitted to return to the property and/or
remain thereon without the express written authorization by the United
States Marshal and/or the FSA, and/or the United States Department of
Justice, or their respective representatives and/or designees.
Unauthorized persons who re-enter the real property during the time this
order is in effect may be ejected by the United States Marshal without
further order of the Court.
13.If any person fails or refuses to remove his or her personal property from
the real property by the time specified herein, the personal property
remaining on the real property thereafter is deemed forfeited and
abandoned, and the United States Marshal’s Office is authorized to
remove it and to dispose of it in any manner it deems appropriate,
including sale, in which case the proceeds of the sale are to be applied
first to the expenses of sale and the balance to be paid into the Court for
further distribution.

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14.The proceeds arising from sale are to be paid to the Clerk of this Court
and applied as far as they shall be sufficient to the following items, in the
order specified:
a. To the United States for the costs of the sale, including the costs
and commissions of the United States Marshal and any
professional auctioneer if retained and the costs of advertising,
selling, and conveying the property incurred by the Government.
b. To the United States to be applied to the Judgment plus all interest
and costs due and owing thereon.
c. Any balance remaining after the above payments shall be held by
the Clerk’s Registry to be disbursed to whoever may be lawfully
entitled hereto, including Defendant Tampico Well Users.
IT IS SO ORDERED. The District Court Executive is hereby directed to
file this Order and provide copies to counsel.
DATED this 22nd day of February 2019.

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Stanley A. Bastian

United States District Judge

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JUDGMENT AND DECREE OF FORECLOSURE ^ 9