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United States v. Love

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

September 16, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ROSE MARY LOVE, THE ESTATE OF CLINTON LOVE, KNOWN AND UNKNOWN HEIRS AND DEVISEES OF CLINTON LOVE, FLOYD FREY AND RHENDA FREY, and BLAINE 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 Blaine, State of Montana, and is described as follows:

Township 31 North Range 23 East, MPM Section 1: Lot 1 less a tract of land further described in C/S #317874; Lot 2 Township
32 North Range 23 East, MPM Section 36: Lots 2, 3, 4 and 5, E½NE¼, NE¼SW¼, SE¼NW¼, and SE¼ less a tract of land further described in C/S #317874
Township 31 North Range 24 East, MPM Section 6: Lot 2
Township 32 North Range 24 East, MPM Section 30: E½SW¼, W½SE¼ Section 31: Lots 2, 3, 4, 5, 6 and 7, E½NW¼, W½NE¼

         SUBJECT TO:

All rights of way and easements as appear of record that predate the United States' mortgages.

         2. On March 14, 1978, the United States pursuant to the Consolidated Farm and Rural Development Act, loaned Clinton W. and Rose Mary Love the sum of $45, 900.00. This loan is evidenced by a promissory noted dated March 14, 1978. A true and correct copy of the promissory note is attached to the Complaint as Exhibit A. (Dkt. 1, Para. 3).

         3. On March 14, 1978, the United States, pursuant to the Consolidated Farm and Rural Development Act, loaned Clinton W. and Rose Mary Love the sum of $329, 100.00. This loan is evidenced by a promissory note dated March 14, 1978. A true and correct copy of the promissory note is attached to the Complaint as Exhibit B. (Dkt. 1, Para 4).

         4. On March 9, 1979, the United States, pursuant to the Consolidated Farm and Rural Development Act, loaned Clinton W. and Rose Mary Love the sum of $42, 380.00. This loan is evidenced by a promissory note dated March 9, 1979. A true and correct copy of the promissory note is attached to the Complaint as Exhibit C. (Dkt 1, Para. 5).

         5. On March 9, 1979, the United States, pursuant to the Consolidated Farm and Rural Development Act, loaned Clinton W. and Rose Mary Love the sum of $57, 620.00. This loan is evidenced by a promissory note dated March 9, 1979. A true and correct copy of the promissory note is attached to the Complaint as Exhibit D. (Dkt 1, Para. 6).

         6. On March 9, 1979, the United States, pursuant to the Consolidated Farm and Rural Development Act, loaned Clinton W. and Rose Mary Love the sum of $127, 000.00. This loan is evidenced by a promissory note dated March 9, 1979. A true and correct copy of the promissory note is attached to the Complaint as Exhibit E. (Dkt 1, Para 7).

         7. On March 9, 1979, the United States, pursuant to the Consolidated Farm and Rural Development Act, loaned Clinton W. and Rose Mary Love the sum of $67, 900.00. This loan is evidenced by a promissory note dated March 9, 1979. A true and correct copy of the promissory note is attached to the Complaint as Exhibit F. (Dkt. 1, Para. 8).

         8. On July 7, 1980, the United States, pursuant to the Consolidated Farm and Rural Development Act, loaned Clinton W. and Rose Mary Love the sum of $159, 900.00. This loan is evidenced by a promissory note dated July 7, 1980. A true and correct copy of the ...


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