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United States v. Estate of Jaeger

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

May 10, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
THE ESTATE OF AL P. JAEGER, KNOWN AND UNKNOWN HEIRS AND DEVISEES OF AL P. JAEGER, THE ESTATE OF JUNE E. JAEGER, KNOWN AND UNKNOWN HEIRS AND DEVISEES OF JUNE E. JAEGER, LINDA DOOLEY, BONNIE BLAZICEVICH, SANDY KUCERA, CRYSTAL LARSEN and WILLIAM JAEGER and FERGUS 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, Victoria L. Francis, Assistant United States Attorney for the District of Montana, and upon considering the pleadings filed C:\Users\sara_luoma\AppData\Local\Microsoft\Window\Temporary Internet Files\Content.Outlook\KG5V3P54\judgment.docxS: 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 Fergus, State of Montana, and is described as follows:

A tract of land in the NW¼SW¼, Section 23, Township 15 North, Range 18 East, M.P.M., Fergus County, Montana, described as follows, to-wit. Starting at the West Quarter corner of Section 23, in Township 15 North, Range 18 East, M.P.M., thence North 87° 26' East 30 feet to the place of beginning; thence North 87° 26' East 445.7 feet to a point; thence South 22°18' East 210 feet to a point; thence South 87°26' West 510 feet, more or less, to a point directly South and 200 feet distant from the place of beginning; thence North 200 feet to the place of beginning. (Doc. 8, Para. 4).

         2. A1 P. and June E. Jaeger received a Home Equity Conversion loan and mortgage/deed of trust, commonly referred to as a reverse mortgage from Intermountain Mortgage Co. Inc., on July 25, 2005. The Home Equity Conversion program was established by Congress under 12 U.S.C. § 1715 et seq. The loan and deed of trust was subsequently assigned to the U.S. Department of Housing and Urban Development (HUD). No payments on such loans are due, until all parties who signed the loan and mortgage are deceased, or have vacated the premises for one year. The loan is evidenced by a promissory note dated July 25, 2005. An additional Adjustable Rate Second Note Home Equity Conversion dated July 25, 2005, was also executed by the defendants Al P. and June E. Jaeger. True and C:\Users\sara_luoma\AppData\Local\Microsoft\Window\Temporary Internet correct copies of the adjustable rate notes are attached to the Amended Complaint as Exhibit A and B. (Doc. 8, Para. 2).

         3. As security for the above-described loans Al P. and June E. Jaeger executed Deeds of Trust with Intermountain Mortgage Co., Inc., as beneficiary on July 25, 2005. This Deed of Trust was filed for record with the Clerk and Recorder of Fergus County on July 29, 2005 as Document No. 080157. The Home Equity Conversion deed of trust was insured by HUD under the National Housing Act as amended, 12 U.S.C. § 1701 et Seq. A true and correct copy of the Deed of Trust is attached to the Amended Complaint as Exhibit C. (Doc. 8, Para. 3 a.).

         4. As security for the above described loans Al P. and June E. Jaeger executed an Adjustable Rate Home Equity Conversion Second Deed of Trust with Secretary of Housing and Urban Development as beneficiary on July 29, 2005. This Second Deed of Trust was filed for record with the Clerk and Recorder of Fergus County on July 29, 2005 as Document No. 080159. A true and correct copy of the Second Deed of Trust is attached to the Amended Complaint as Exhibit D. (Doc. 8, Para 3, b.).

         5. The Adjustable Rate Home Equity Conversion Deed of Trust originally held by Intermountain Mortgage as described in paragraph 3 above was subsequently assigned to Financial Freedom on July 29, 2005. The Assignment of Deed of Trust was filed with Fergus County Clerk and Recorder on July 29, 2005 under Document Number 080158. Financial Freedom assigned its interest to Electronic Registration Systems, Inc. (“MERS”) on September 29, 2009. The C:\Users\sara_luoma\AppData\Local\Microsoft\Window\Temporary Internet assignment was recorded with the Fergus County Clerk and Recorder's Office on December 3, 2009, as Document Number 099550. Mortgage Electronic Registration Systems, Inc. (“MERS”) assigned the Deed of Trust to Secretary of Housing and Urban Development on April 21, 2015. The assignment was recorded with the Fergus County Clerk and Recorder's Office on May 8, 2015, as Document Number 119199. True and correct copies of all of the Assignments of the Deed of Trust are attached to the Amended Complaint as Exhibit E-G. (Doc 8, Para. 5).

         6. The Deeds of Trust provide as security the real property located in Fergus County, Montana and described as follows:

A tract of land in the NW¼SW¼, Section 23, Township 15 North, Range 18 East, M.P.M., Fergus County, Montana, described as follows, to-wit. Starting at the West Quarter corner of Section 23, in Township 15 North, Range 18 East, M.P.M., thence North 87° 26' East 30 feet to the place of beginning; thence North 87° 26' East 445.7 feet to a point; thence South 22°18' East 210 feet to a point; thence South 87°26' West 510 feet, more or less, to a point directly South and 200 feet distant from the place of beginning; thence North 200 feet to the place of beginning.

         7. Defendants, Al P. and June E. Jaeger, are in default under the terms of the notes and deeds of trusts described above. The Deeds of Trust provides for immediate payment in full if the borrower dies or the property is not the principal residence of a least one surviving borrower. Al P. Jaeger passed away on August 22, 2005 and June E. Jaeger passed away on August 24, 2018. Attached to the Amended Complaint as Exhibit H are copies of the obituaries for Al P. and June E. Jaeger from the Lewistown News-Argus. There are no surviving borrowers. The Fergus County Clerk of Court was contacted and no probate action has been filed C:\Users\sara_luoma\AppData\Local\Microsoft\Window\ Temporary Internet for Al P. and June E. Jaeger. The account was accelerated on March 8, 2017. (Doc. 8, Para. 7).

         8. Defendants, Al P. and June E. Jaeger, are indebted to the Plaintiff for the loans outlined above in the principal amount of $50, 414.12, plus accrued interest in the amount of $23, 329.46 as of February 26, 2019, plus administrative charges for payment of property tax, insurance and program fees in the amount of $10, 413.29 for a combined total of $84, 156.67 as of February 26, 2018. Interest continues to accrue from February 26, 2018, at the rate of $8.67 per day until the date of entry of judgment. Attached to the Amended Complaint as Exhibit I is a Certificate of Indebtedness which verifies the amount due. Plaintiff seeks post-judgment interest pursuant to 28 U.S.C. § 1961. (Doc. 8, Para. 9). The United States is not seeking a deficiency judgment. (Doc. 8, Page 8, Para.8).

         9. Defendants, the Estate of Al P. and Known and Unknown Heirs and Devisees of June E. Jaeger, including Linda Dooley, Bonnie Blazicevich, Sandy Kucera, Crystal Larsen and William Jaeger, were served by Summons in the Lewistown News-Argus pursuant to 28 U.S.C. ' 1655, on March 6, 2019. See Dkt. No. 29. ...


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