United States District Court, D. Montana, Missoula Division
DECREE OF FORECLOSURE AND ORDER OF JUDICIAL
W. Molloy, District Judge
September 10, 2018, Plaintiff United States and Defendants
Christopher J. Morigeau and Johleen Morigeau (collectively
the "Morigeaus") filed a Stipulation for entry of
judgment, a decree of foreclosure, and an order of sale.
(Doc. 17.) On September 18, 2018, the United States and
Defendant Confederated Salish & Kootenai Tribes
("CSKT") filed a Stipulation for entry of judgment,
a decree of foreclosure, and an order of sale. (Doc. 18.)
parties have stipulated, among other things, that the
Morigeaus are indebted to the United States for loans in the
principal amount of $141, 723.08, plus accrued interest in
the amount of $10, 128.47 as of April 24, 2017, for a
combined total of $151, 851.55, (Doc. 17 at 2), that the
United States is entitled to foreclose the leasehold mortgage
that secures the debt, (id. at 2; Doc. 18 at 3),
that there shall be no deficiency judgment against the
Morigeaus, (Doc. 17 at 2), that CSKT did not exercise its
right of first refusal, (Doc. 18 at 2), and that the
foreclosure and judicial sale shall be conducted pursuant to
12 U.S.C. § 1715z-13a, the Rider for Section 184
Mortgage Leasehold, and § 4-1-104(2) of the CSKT Laws
Codified, which provides that Title 71, Chapter 1, Part 2 of
the Montana Code Annotated governs, except that the
redemption period shall be ninety (90) days, (Doc. 18 at
September 18, 2018, the Court approved the Stipulations and
informed the parties that a decree of foreclosure and order
of judicial sale would follow. (Doc. 20.) On September 18,
2018, judgment was entered consistent with the Stipulations.
(Doc. 21.) The parties are bound by the Stipulations and the
Court will make no further findings of fact or conclusions of
law. On September 24, 2018, the United States filed a motion
for entry of judgment, decree of foreclosure, and order of
sale. (Doc. 22.)
ORDERED that the United States' motion, (Doc. 22), is
DENIED IN PART and GRANTED IN PART. The United States'
motion for entry of judgment is DENIED as MOOT. The United
States' motion for decree of foreclosure and order of
sale is GRANTED as follows:
leasehold estate ("Leasehold") owned by the
Morigeaus in the real property located at Tract No.
203-T-2556, in the County of Lake, State of Montana, on the
Flathead Indian reservation ("Leased Property") is
Leased Property is more particularly described as follows:
Lot 3 of the Mountain View Homesites located in Section 17,
Township 22 North, Range 19 West, P.M.M. Lake County, Montana
containing 2.5 acres, more or less.
following are barred and foreclosed of, and from, all rights,
title and interest in the Leasehold: (a) all defendants,
together with each and every person or entity claiming under
them, (b) all persons claiming any lien or encumbrance of any
kind or character upon, or against, the Leasehold, that is
subsequent in time or priority, or both, to the United
States' lien, and (c) any and all persons claiming to
have acquired any right, title, or interest in, and to, the
Leasehold subsequent to the filing of this action.
Leasehold shall be sold at a public auction by the U.S.
Marshal for the District of Montana in the manner provided by
law and according to the following conditions:
a. The Leasehold shall be sold in one unit.
b. The Leasehold shall be sold or transferred at auction only
to a member of the CSKT, the CSKT, or the Indian housing
authority serving the CSKT, pursuant to 12 U.S.C. §
1715z-13a(h)(2), or the Secretary of Housing and Urban
Development, pursuant to the Rider for Section 184 Mortgage
Leasehold, (Doc. 1-3 at 27).
c. The Morigeaus shall have ninety (90) days to exercise
their right of redemption, pursuant to § 4-1-104(2) of
the CSKT Laws Codified.
d. Any purchaser at the foreclosure sale, other than the
Secretary of Housing and Urban Development, shall obtain the
CSKT's written consent, pursuant to the Rider for Section
184 Mortgage Leasehold, (Doc. 1-3 at 27). The purchaser shall
receive a new lease or an assumption of the existing lease,
as described in the Rider for Section 184 Mortgage Leasehold,
(id), at the expiration of ...