USA v. Horst

Filing 12

ORDER GRANTING MOTION FOR DEFAULT JUDGMENT; granting ECF No. 10 Motion for Default Judgment. CASE CLOSED. Signed by Judge Rosanna Malouf Peterson. (TR, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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UNITED STATES OF AMERICA,
NO: 2:16-CV-212-RMP
Plaintiff,

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v.

ORDER GRANTING MOTION FOR
DEFAULT JUDGMENT

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JOY MARIE HORST, n/k/a JOY
MARIE ZIMBELMAN,
Defendant.

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Before the Court is the United States’ Motion for Default Judgment as to Joy

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Marie Horst n/k/a Joy Marie Zimbelman, ECF No. 10. The Court has reviewed the

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motion, the accompanying Declaration of Assistant United States Attorney Joseph

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Derrig and accompanying exhibit, and the remaining record and is fully informed.

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Defendant Joy Marie Zimbelman has not appeared, responded to the Order of

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Default that was issued by the Clerk of Court on November 7, 2016, or otherwise

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participated in the pending action. Accordingly, IT IS ORDERED as follows:

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1.

The United States’ Motion for Default Judgment, ECF No. 10, is
GRANTED.

ORDER GRANTING MOTION FOR DEFAULT JUDGMENT ~ 1

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2.

The United States is awarded judgment against Defendant Joy Marie

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Zimbelman (formerly known as Joy Marie Horst) in the amount of $166,119.38

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($133,831.89 principal and $32,286.99 interest accrued through November 14,

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2016); plus interest to accrue at the rate of $19.2498 per day from and after

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November 14, 2016, to the date of judgment; plus interest from the date of

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judgment at the legal rate until paid in full, for costs of suit, including the filing fee

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allowed pursuant to 28 U.S.C. § 2412(a)(2), and other proper relief.

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3.

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the following:

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The debt upon which judgment is based is secured and perfected by

a. A mortgage recorded April 13, 2007, under File No. 1212779, Official

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Records of Grant County, Washington. ECF No. 3-1 at pp. 9-14.

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b. A security agreement dated February 23, 2007, describing a mobile

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home, executed by Defendant, ECF No. 3-1 at pp.15-20, which was

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perfected by United States of America acting through the USDA,

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Farm Service Agency being listed on the certificate of title, ECF No.

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3-1 at p. 21.

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4.

The foregoing mortgage and security agreement cover the following

described property situated in grant County, State of Washington:

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a. The NE quarter of Section 29, Township 22 N, Range 28 E.W.M

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situated in Grant County, Washington; Assessor’s Tax Parcel

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Number: 171291001.
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b. Fleetwood, 14X66, Single 1977 Broadmore Mobile Home, VIN

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T1DFL2X713131003.
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Said mortgage and security agreement, which constitute first and prior

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liens upon the property described above, are hereby foreclosed, and Defendant Joy

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Marie Zimbelman, and all persons claiming by, through, or under them, are forever

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barred and foreclosed from asserting any right, title, or interest in and to said

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property, except to the extent that such defendant has rights of redemption under

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Wash. Rev. Code chapter 6.23 or excess funds under Wash. Rev. Code chapter

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6.21. The redemption period shall be 12 months.

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6.

After the 10-day automatic stay of proceedings to enforce a judgment,

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Plaintiff may present a praecipe for an order of sale it to the clerk. See Fed. R. Civ.

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P. 62(a) & (f) (nothing 14-day stay unless otherwise under state law for a judgment

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on a lien); Wash. CR 62(a) (10-day stay); see also 18 Wash. Prac., Real Estate §

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19.12 (2d ed.) (describing the enforcement process). The order of sale shall

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provide that the United States Marshal for the Eastern District of Washington is

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commanded to levy upon, seize, take into execution and sell, or deliver possession

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thereof, according to law, and without appraisement, the above-described real

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property, or so much thereof as may be necessary to satisfy the Judgment, interest

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and costs, upon giving notice prescribed by law, and make return of writ within

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sixty days from date hereof. Upon issuance of the order of sale, said property may

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be ordered sold in the manner provided by law with any party to this suit may
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become a purchaser at such sale and with the proceeds of such sale to be applied

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first to the expenses thereof, and then in satisfaction of the sums adjudged to be

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due plaintiff herein.

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7.

Under Wash. Rev. Code § 61.12.070, the Court directs in this decree

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of foreclosure “that the balance due on the mortgage and costs which may remain

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unsatisfied after the sale of the mortgaged premises, shall be satisfied from any

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property of the mortgage debtor . . . ..” Accordingly, if any deficiency remains

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after application of the proceeds of the sale pursuant to the Judgment, execution

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shall be issued for said deficiency against defendant and enforced against any other

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property of any defendant not exempt from execution.

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The District Court Clerk is directed to enter this Order, enter Judgment

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accordingly, provide copies to counsel and the Defendant, and close this case.

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DATED January 4, 2017.
s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

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ORDER GRANTING MOTION FOR DEFAULT JUDGMENT ~ 4