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United States v. Racine

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

September 5, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
LINDA RACINE, LEE ALLEN CALF LOOKING, RONELL LEA ROSE, JANAL LYNN ROSE, and LYNELL RONNI ROSE, Defendants.

          JUDGMENT, DECREE OF FORECLOSURE AND ORDER OF SALE

          BRIAN MORRIS UNITED STATES DISTRICT COURT JUDGE.

         This matter having been brought before this Court by Plaintiff, United States of America, by and through its attorney, Keith A. Jones, Assistant U.S. 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 Finding 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 United States of America seeks to foreclose a note and mortgage made under the provisions of Section 184 of the Housing and Community Development Act (12 U.S.C. Section 1715z-13a), which mortgage provides as security interests in real property held in trust for Defendants Lee Allen Calf Looking, Ronelle Lea Rose, Janal Lynn Rose and Lynell Ronni Rose, and a life estate interest in real property held by Defendant, Linda Racine.

         2. On November 9, 2009, Linda Racine, Janal Lynn Rose, Lee Allen Calf Looking, Lynell Ronni Rose and Ronelle Lea Rose received a loan in the amount of $51, 901.00 from Bank2 pursuant to the Housing and Community Development Act of 1992. The loan is evidenced by a promissory note dated November 9, 2009. A true and correct copy of the promissory note is attached to the Complaint as Exhibit A. The loan and deed of trust were subsequently assigned to the U.S. Department of Housing and Urban Development (HUD).

         3. As security for the above described loan, Linda Racine, Janal Lynn Rose, Lee Allen Calf Looking, Lynell Ronni Rose and Ronell Lea Rose, executed a Deed of Trust on November 9, 2009, providing as security real property in Browning, Montana and appurtenances thereto. The real property is situated in the County of Glacier, State of Montana, on the Blackfeet Indian reservation more particularly described as follows:

Lot 12, Block 22 Browning Townsite, Browning, Montana 59417 Allotment 5431 Section 3, Township 032.00n Range 011.00w

         A true and correct copy of this deed of trust is attached to the Complaint as Exhibit B. This deed of trust was approved by the Bureau of Indian Affairs on December 10, 2009. A true and correct copy of the Certificate of Approval is attached to the Complaint as Page 16 of Exhibit B. The deed of trust was insured by HUD under the Housing and Community Development Act of 1992. The deed of trust was also filed with the Bureau of Indian Affairs under document number 201 41610.

         4. Defendants went into default under the terms of the promissory note and deed of trust due to failure to make timely payments of principal and interest as agreed. The account went into default on November 1, 2012. An Assignment of the deed of trust and promissory note from Mortgage Electronic Registration Systems to Bank2 was made on November 15, 2013. An Assignment of the deed of trust and promissory note from Bank2 to the United States Department of Housing and Urban Development was executed on November 15, 2013. A true and correct copy of the assignments is attached to the Complaint as Exhibit C.

         5. Defendants, Linda Racine, Janal Lynn Rose, Lee Allen Calf Looking, Lynell Ronni Rose, and Ronelle Lea Rose are indebted to the Plaintiff for the loans outlined above in the principal amount of $48, 332.29, plus accrued interest in the amount of $4, 696.40 as of June 30, 2011, for a combined total of $53, 028.69 as of June 30, 2011. Plaintiff seeks post-judgment interest pursuant to 28 U.S.C. § 1961.

         6. Defendant, Linda Racine, executed a Waiver of Service of Summons; it was filed with the Court on February 9, 2018 (Doc. 7). David Gordon, Attorney for Defendants, Linda Racine, Ronell Lea Rose, Janal Lynn Rose and Lynell Ronni Rose, executed a Waiver of Service of Summons; it was filed with the Court on March 23, 2018 (Doc.13). On June 6, 2018, a stipulation was filed between the United States and Defendants, Linda Racine, Ronell Lea Rose, Janal Lynn Rose and Lynell Ronni Rose, consenting to entry of judgment, decree of foreclosure, and order of sale. It was further stipulated that Defendants agree to vacate the property by no later than July 31, 2018, and that no Deficiency Judgment would be sought. (Doc. No. 31).

         7. Attorney David Gordon executed a Waiver of Service of Summons on behalf of Defendant, Lee Allen Calf Looking; it was filed with the Court on March 23, 2018 (Doc.13). On June 28, 2018, a stipulation was filed between the United States and Defendant, Lee Allen Calf Looking, consenting to entry of judgment, decree of foreclosure, and order of sale. It was further stipulated that Defendant agreed to vacate the property by no later than July 31, 2018 and that no Deficiency Judgment would be sought. (Doc. No. 37).

         8. Derek Kline, Attorney for Blackfeet Tribe, executed a Waiver of Service of Summons; it was filed with the Court on April 9, 2018 (Doc. 21). A Stipulation To Dismiss Blackfeet Tribe was filed on June 21, 2018 (Doc. 35). It was further stipulated that the United States would seek to include language in any foreclosure judgment that upon public auction, prior to consummating the sale of all of the property interests that are the subject of this foreclosure to the highest auction bidder, the United States will notify the Blackfeet Tribe of the proposed auction sale price. The Blackfeet Tribe will then have 20 days after the date of the letter in which to make a firm and binding offer to purchase all of the property interests that are the subject of this foreclosure at the price set out in the letter. An Order was filed on June 21, 2018 dismissing Blackfeet Tribe (Doc. 36).

         CONCLUSIONS ...


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