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United States v. Jones

United States District Court, D. Montana, Missoula Division

May 29, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
GORDON P. JONES, MONTANA BOARD OF HOUSING, NORTHWEST MONTANA HUMAN RESOURCES, COLLECTION BUREAU SERVICES, INC., and SANDERS COUNTY, apolitical subdivision of the State of Montana, Defendants.

          ORDER

          DANA L. CHRISTENSEN, CHIEF JUDGE

         This matter having been brought before the 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 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 Sanders County, and more particularly described as follows:

Lots Fourteen (14) and Fifteen (15) of Block Seventy-seven (77), of the Second Survey of the Town of Thompson Falls, Montana, as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder, Sanders County, Montana. (Dkt. 1, Para. 2).

         2. The United States loaned Gordon P. Jones the sum of $30, 000.00 in the form of a Section 502 Rural Housing loan. This loan is evidenced by a promissory note for $30, 000.00, dated April 20, 2000. A true and correct copy of the promissory note is attached to the Complaint as Exhibit A. (Dkt. 1, Para. 3).

         3. As security for the above described loan Gordon P. Jones executed a real estate mortgage on April 20, 2000, 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 Sanders County on May 3, 2000, as document number 238699, Micro 30982. A true and correct copy of the mortgage is attached to the Complaint as Exhibit B. (Dkt. 1, Para. 4).

         4. Defendant, Gordon P. Jones, is in default under the terms of the promissory note described above due to failure to make timely payments of principal and interest as agreed. The account was accelerated on August 18, 2017. (Dkt. 1, Para. 5).

         5. Defendant, Gordon P. Jones, is indebted to the Plaintiff for the loan outlined above in the principal amount of $22, 735.50, plus interest computed at the daily rate of $4.59 per day for the accrued total amount of $1, 061, 16, plus fees in the amount of $265.36 ($32.36 late charges and fees not assessed of $233.00), for a combined total of $24, 017.02 as of November 6, 2017. In addition, if the value of the real property exceeds the principal and accrued interest ($24, 017.02), the Rural Housing Service is entitled to repayment of the interest credit subsidy pursuant to the repayment agreement dated April 20, 2000, attached to the Complaint as Exhibit C. The interest subject to recapture will be $1, 137.84, making a total of $25, 199.86 due and owing. Interest continues to accrue from November 6, 2017, at the rate of $4.59 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 Complaint as Exhibit D, which verifies the amount due. Plaintiff seeks post-judgment interest pursuant to 28 U.S.C. § 1961. (Dkt 1, Para, 6). The Motion for Entry of Judgment verifies that the United States is not seeking a deficiency judgment in this case. (Dkt. 41).

         6. Defendant, Montana Board of Housing has or may have an interest in the real property in a first lien position by virtue of an Assignment of Deed of Trust, dated May 3, 2000, recorded May 3, 2000 as Instrument No. 238700, Micro No. 30983, with the Sanders County Clerk and Recorder. This assignment was made by Heritage Bank which assigned its Deed of Trust dated May 2, 2000, which had been recorded May 3, 2000, as Instrument No. 238698, Micro No. 30981 securing the original amount due of $22, 699.00. A true and correct copy of the deed of trust is attached to the Complaint as Exhibit E. (Dkt 1, Para. 7).

         7. 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 Gordon P. Jones, filed in the Justice Court of Sanders County, June 6, 2017, under Cause No. DV 17-34. A true and correct copy of the default judgment is attached to the Complaint as Exhibit F. (Dkt. 1, Para. 8).

         8. Defendant Northwest Montana Human Resources has or may have an interest in the real property in a subordinate lien position to the United States by virtue of a Trust Indenture, dated December 30, 2008, which was recorded December 30, 2008, as Instrument No. 278146, Micro No. 64586. This assignment was made by Alliance Title Company which assigned its Trust Indenture dated December 30, 2008, to secure an original indebtedness of $5, 031.80. A true and correct copy of the Trust Indenture is attached to the Complaint as Exhibit G. (Dkt 1, Para. 9).

         9. Defendant, Sanders 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. Penalties and interest are subordinate to the United States. (Dkt 1, Para. 10).

         10. Defendant Gordon P. Jones, was served by Summons in the Sanders County Leader, pursuant to 28 U.S.C. ยง ...


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