USA v. Horst

Filing 13

JUDGMENT IN A CIVIL CASE in favor of United States of America against Joy Marie Horst nka Joy Marie Zimbelman. (TR, Case Administrator)

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

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Jan 04, 2017

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SEAN F. MCAVOY, CLERK

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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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JUDGMENT IN A CIVIL CASE

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

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DECISION BY THE COURT:
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This action came before the Court, without oral argument and a decision has
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been rendered.
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IT IS ORDERED AND ADJUDGED that:
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Plaintiff the United States of America is awarded judgment against
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Defendant Joy Marie Zimbelman (formerly known as Joy Marie Horst) in the
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amount of $166,119.38 ($133,831.89 principal and $32,286.99 interest accrued
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through November 14, 2016); plus interest to accrue at the rate of $19.2498 per
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day from and after November 14, 2016, to the date of judgment; plus interest from
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JUDGMENT IN A CIVIL CASE ~ 1

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

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

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1.

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

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the following:
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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2.

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

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T1DFL2X713131003.

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3.

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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4.

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 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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5.

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

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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DATED January 4, 2017.
SEAN F. McAVOY
Clerk of Court

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By:
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s/Tonia Ramirez
Deputy Clerk