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United States v. Morris

United States District Court, D. Montana, Butte Division

June 28, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CAROL MORRIS, MONTANA DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES and GALLATIN 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 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 Gallatin, State of Montana, and is described as follows:

Lot 2 in Block 10B of Amended Subdivision Plat of Lot 1, Block 10, Headwaters Addition located in the SW¼SE¼, Section 26; and N½ of Section 35; All in Township 2 North, Range 1 East of P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. (Doc. 1, Para. 5).

         2. Carol Morris received a Home Equity Conversion loan and mortgage/deed of trust, commonly referred to as a reverse mortgage from Intermountain Mortgage Co. Inc., on September 12, 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 September 12, 2005. A true and correct copy of the promissory is attached to the Complaint as Exhibit A. (Doc. 1, Para. 2).

         3. As security for the above-described loan Carol Morris executed two Deeds of Trust as described below:

a.) A Deed of Trust with Intermountain Mortgage Co., Inc. as beneficiary on September 12, 2005. This Deed of Trust was filed for record with the Clerk and Recorder of Gallatin County on September 16, 2005 as Document No. 2202068. 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 complaint as Exhibit B.
b.) A Deed of Trust with the Secretary of Housing and Urban Development as beneficiary on September 12, 2005. This Deed of Trust was filed for record with the Clerk and Recorder of Gallatin County on September 16, 2005 as Document No. 2202069. A true and correct copy of the Deed of Trust is attached to the complaint as Exhibit C.

         4. The Adjustable Rate Home Equity Conversion Deed of Trust originally held by Intermountain Mortgage as described in paragraph 3 above was subsequently assigned by Intermountain Mortgage to Financial Freedom Senior Funding Corporation on September 16, 2005. The Assignment of Deed of Trust was filed with Gallatin County Clerk and Recorder on September 16, 2005 under Document Number 2202070. Financial Freedom Senior Funding Corporation assigned the Adjustable Rate Home Equity Conversion Deed of Trust to Mortgage Electronic Registration Systems, Inc. (“MERS”) on September 28, 2009. The assignment was recorded with the Gallatin County Clerk and Recorder's Office on October 14, 2009, as Document Number 2344244. Mortgage Electronic Registration Systems, Inc. (“MERS”) assigned the Deed of Trust to Secretary of Housing and Urban Development on April 24, 2015. The assignment was recorded with the Gallatin County Clerk and Recorder's Office on May 12, 2015, as Document Number 2511127. True and correct copies of all of the Assignments of the Deeds of Trust are attached to the Complaint as Exhibit D. (Doc 1, Para. 4).

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

Lot 2 in Block 10B of Amended Subdivision Plat of Lot 1, Block 10, Headwaters Addition located in the SW¼SE¼, Section 26; and N½ of Section 35; All in Township 2 North, Range 1 East of P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana.

         6. Defendant, Carol Morris, is in default under the terms of the promissory note and deeds of trusts described above. The Deeds of Trust provide for immediate payment in full if the borrower dies or the property is not the principal residence of a least one surviving borrower. Carol Morris is no longer living on the property. On March 31, 2016, a letter was received from Broadwater Health Center advising Carol Morris has resided at their facility since March 21, 2016. The account was accelerated on July 27, 2017. (Doc. 1, Para. 6).

         7. Defendant, Carol Morris, is indebted to the Plaintiff for the loans outlined above in the principal amount of $68, 532.15, plus accrued interest in the amount of $27, 726.71 as of February 13, 2018, plus administrative charges for property tax, insurance and program fees in the amount of $10, 078.46 for a combined total of $106, 337.32 as of February 13, 2018. Interest continues to accrue from February 13, 2018, at the rate of $10.95 per day until the date of entry of judgment. Attached to the Complaint as Exhibit E is a Certificate of Indebtedness which verifies the amount ...


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