United States of America v. McHenry et al

Filing 31

ORDER granting Government's 29 Unopposed Motion for Deficiency Judgment; directing Clerk of Court to enter a deficiency judgment in favor of the United States of America and against Blair Allen McHenry. Signed by U.S. District Judge John C Coughenour. (SWT)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA,

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Plaintiff,

CASE NO. C16-0798-JCC
ORDER

v.

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BLAIR ALLEN MCHENRY, et al.,

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Defendants.

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This matter comes before the Court on the Government’s unopposed motion for a

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deficiency judgment (Dkt. No. 29). The Court previously entered default judgment against

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Defendant Blair Allen McHenry in the amount of $387,998.94, plus interest, filing fees, attorney

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fees, litigation costs, and costs of a foreclosure sale. (Dkt. No. 21 at 2.) The default judgment

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also foreclosed various mortgages against a parcel of McHenry’s real property in Whatcom

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County. (Id. at 3.) The Court subsequently issued an order of foreclosure sale, which authorized

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the U.S. Marshal to conduct a foreclosure sale of the property. (Dkt. No. 25.) That order

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specified the terms of the foreclosure sale and stated that the “United States shall have a

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deficiency judgment against Defendant Blair McHenry in the event the amount received from the

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sale of the Real Property is insufficient to pay the Judgment of the United States in full.” (Id. at

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5.)

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ORDER
C16-0798-JCC
PAGE - 1

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The U.S. Marshal conducted a foreclosure sale and received a credit bid of $192,000.

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(Dkt. No. 30 at 2.) Defendant later redeemed the property by paying $197,108.72, which

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amounted to the credit bid, plus interest, taxes, and costs of conducting the foreclosure sale. (Id.;

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Dkt. No. 28 at 4.) After crediting Defendant’s redemption payment, his outstanding balance on

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the judgment debt in this case is $201,709.99. (Dkt. No. 30 at 2.)

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Having considered the United States’ motion and the supporting Declaration of Houston

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Bruck, as well as the relevant record, the Court FINDS that the United States is entitled to a

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deficiency judgment against Defendant Blair Allen McHenry. Accordingly, the United States’

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motion for deficiency judgment (Dkt. No. 29) is GRANTED. The Clerk of Court is directed to

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enter a deficiency judgment in favor of the United States of America and against Blair Allen

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McHenry, in the amount of $201,709.99 through December 19, 2018, plus post-judgment

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interest at the rate prescribed by 28 U.S.C. § 1961(a) thereafter.

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DATED this 8th day of January 2019.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C16-0798-JCC
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