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United States v. Liming

United States District Court, D. Montana, Billings Division

October 11, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
DONNIE D. LIMING, JENIFER KOPP-KNIGHT f/k/a JENIFER LIMING, CREDIT SERVICE CO., INC., COLLECTION BUREAU SERVICES, INC., and BIG HORN COUNTY, a political subdivision of the State of Montana, Defendants.

          JUDGMENT, DECREE OF FORECLOSURE AND ORDER OF SALE

          SUSAN P. WATTERS UNITED STATES DISTRICT COURT JUDGE

         This matter having been brought before the 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 subject to this foreclosure action is located in Big Horn County, and more particularly described as follows:

Lot Two (2) of Block Nine (9) of the Fourth Addition to the Town (now city) of Hardin, Montana.

         2. The United States loaned Jenifer Liming (n/k/a Jenifer Kopp-Knight) and Donnie D. Liming the sum of $64, 900.00 in the form of a Section 502 Rural Housing loan and assumption agreement. These loans are evidence by an assumption agreement for $42, 000.00 and a promissory note for $22, 900.00, both dated January 30, 1997. A true and correct copy of the promissory note and assumption agreement, the assumed promissory note and the additional promissory note are attached to the Amended Complaint as Exhibit A, Exhibit B, and Exhibit C.

         3. As security for the above described loans Jenifer Liming (n/k/a Jenifer Kopp-Knight) and Donnie Liming executed a real estate mortgage on January 30, 1997, providing the United States a security interest in the real property described above. The mortgage was filed for record with the Clerk and Recorder of Big Horn County on January 30, 1997, as document number 314387. Additionally, Rural Housing Service holds a prior mortgage, which is still of record (recorded December 9, 1988), which mortgage was executed by the prior borrowers, whose loan Jenifer Liming (n/k/a Jenifer Kopp-Knight) and Donnie D. Liming assumed. A true and correct copy of the mortgages are attached to the Amended Complaint as Exhibit D and Exhibit E.

         4. On November 16, 1988, Donnie D. Liming quitclaimed his interest in the property to Jenifer Liming (n/k/a Jenifer Kopp-Knight), and in April 1999, the borrowers' marriage was dissolved. Donnie D. Liming was never released of personal liability. Additionally, the loan was reamortized twice, once on August 19, 2000, and again on November 14, 2002, but both reamortizations were signed only by Jenifer Liming (n/k/a Jenifer Kopp-Knight).

         5. Defendants, Jenifer Liming (n/k/a Jenifer Kopp-Knight) and Donnie D. Liming, are in default under the terms of the promissory note and assumption agreements described above due to failure to make timely payments of principal and interest as agreed. The account was accelerated on October 14, 2016.

         6. Defendants, Jenifer Liming (n/k/a Jenifer Kopp-Knight) and Donnie D. Liming, are indebted to the Plaintiff for the loans outlined above in the principal amount of $54, 890.00, plus interest computed at the daily rate of $10.90 per day for the accrued total amount of $3, 096.40, plus escrow/impound required fees in the amount of $7, 269.81 and fees of $662.60 ($186.60 late charges and $476.00 not yet assessed), for a combined total of $65, 918.81 as of December 8, 2016. In addition, if the value of the real property exceeds the principal and accrued interest ($65, 918.81), the Rural Housing Service is entitled to repayment of the interest credit subsidy pursuant to the repayment agreement dated January 30, 1997, attached to the Amended Complaint as Exhibit D. The interest subject to recapture will be $46, 439.85, making a total of $112, 358.66 due and owing. Interest continues to accrue from December 8, 2016, at the rate of $10.90 per day until the date of entry of judgment. A true and correct copy of the Affidavit of Kimberly Maines of Rural Housing Service is attached to the Amended Complaint as Exhibit G, which verifies the amount due. Plaintiff seeks post-judgment interest pursuant to28U.S.C. § 1961.

         7. Defendant, Credit Service Co., Inc., has or may have an interest in the real property subordinate to the real estate mortgage of the United States by virtue of a Transcript of Judgment against Jenifer L. Liming, (n/k/a Jenifer Kopp-Knight) filed in the Justice Court of Record, Civil Division, Big Horn County, on March 26, 2007 under Cause No. DV 07-28, and a Transcript of Judgment against Jenifer L. Liming (n/k/a Jenifer Kopp-Knight), filed in the Justice Court of Record, Civil Division, Big Horn County, on March 18, 2010, under Cause No. DV 2010-19.

         8. Defendant Collection Bureau Services, Inc., a Montana Corporation, has or may have an interest in the real property subordinate to the real estate mortgage of the United States by virtue of a Default Judgment against Jenifer L. Liming (n/k/a Jenifer L. Kopp-Knight), filed in the Justice Court of Big Horn County, May 12, 2016, under Cause No. DV 2016-28.

         9. Defendant, Big Horn County, has or may have an interest in the property by virtue of real property taxes that may be due and owing. The principal amount of such takes priority over the United States.

         10. Defendant Donnie D. Liming, was personally served by the United States Marshal's office with a copy of the Summons and Amended Complaint. (Dkt. 19.) Defendant Donnie D. Liming, did not make an ...


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