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United States v. Nelson

United States District Court, D. Montana, Great Falls Division

May 25, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
LONDA K. NELSON, and BLAINE COUNTY, a political subdivision of the State of Montana, Defendants.

          JUDGMENT, DECREE OF FORECLOSURE AND ORDER OF SALE

          Brian Morris United States District Court Judge.

         This matter having been before this Court by Plaintiff, United States of America, by and through its attorney, Keith A. Jones, Assistant United States Attorney for the District of Montana, and upon considering the pleadings filed herein, it appears there is no issue of material fact, and the Court now makes the following Findings of Fact and Conclusions of Law.

         FINDINGS OF FACT

         1. This Court has jurisdiction of this action for the reason that the United States of America is the party Plaintiff under 28 U.S.C. § 1345. The real property that is the subject of this foreclosure action is located in the County of Blaine, State of Montana, and is described as follows:

Lots 9 and 11 in Block 74 of the Townsite of Chinook, according to the official map or plat on file in the office of the Clerk and Recorder, in and for Blaine County, Montana.

         Common Address: 1119 Indiana, Chinook, Montana

         2. The United States loaned Londa K. Nelson the sum of $62, 850.00 on August 24, 2001. The loan is evidenced by a promissory note dated August 24, 2001. A true and correct copy of the promissory note is attached to the Complaint as Exhibit A.

         3. As security for the promissory note, a real estate mortgage was executed providing real property located in Blaine County, Montana, as security for the debt. The mortgage was executed by Londa K. Nelson on August 24, 2001 and recorded with the Blaine County Clerk and Recorder on August 24, 2001, in Book 68 of Mortgages, at Page 471, as Document No. 332313. A true and correct copy of this mortgage is attached to the Complaint as Exhibit B.

         4. Defendant, Londa K. Nelson, is in default under the terms of the promissory note and mortgage described above due to failure to make timely payments of principal and interest as agreed. The account was accelerated on September 3, 2015.

         5. Defendant, Londa K. Nelson, is indebted to the Plaintiff for the loans outlined above in the principal amount of $50, 938.60, plus interest computed at the rate of 6.875 percent per annum for the accrued total amount of $5, 843.09 as of October 25, 2016, plus late charges of $37.25, plus fees in the amount of $8, 546.69 ($8, 224.36 - Replenish Negative Escrow and $322.33 - Interest on fees), for a combined total of $65, 365.63 as of October 25, 2016. In addition if the value of the real property exceeds the principal and accrued interest ($65, 365.63), the Rural Housing Service is entitled to recapture the interest credit subsidy pursuant to the subsidy repayment agreement dated August 24, 2001. A true and correct copy of the subsidy repayment agreement is attached to the Complaint as Exhibit C. The interest subject to recapture is $33, 686.64 making a total of $99, 052.27 due and owing as of October 25, 2016. Interest continues to accrue from October 25, 2016, at the rate of $11.1437 per day until the date of entry of judgment. Attached to the Complaint as Exhibit D is the Affidavit of Kimberly Maines of Rural Development which verifies the amount due. Plaintiff seeks post-judgment interest pursuant to 28 U.S.C. § 1961.

         6. Defendant, Londa K. Nelson, was personally served by the U.S. Marshal's Service with the Summons and Complaint on March 27, 2017. (Dkt. No. 8). She did not make an appearance and default was entered on April 26, 2017. (Dkt. No. 11).

         7. Kelsie W. Howard, Blaine County Attorney, executed a Waiver of Service of Summons; it was filed with the Court on February 22, 2017. (Dkt. No. 5). On February 22, 2017, Defendant Blaine County filed a stipulation with the United States consenting to entry of judgment, decree of foreclosure, and order of sale. It was further stipulated that any judgment shall recognize the priority of the principal amount of any real property taxes owed or to be assessed against the property that is the subject of the foreclosure to the date of sale. (Dkt. No. 6).

         CONCLUSIONS OF LAW

         8. Blaine County, Montana has priority for the principal amount of any ...


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