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United States v. Swingley

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

December 4, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ALGER W. SWINGLEY AND GLACIER 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 Glacier, State of Montana, and is described as follows:

Parcel A:
Township 37 North, Range 14 West, M.P.M.
Section 34: All that portion of the NE¼SW¼ lying North of Montana State Highway 17, less any United States Reclamation Service Lands.
Parcel B:
Township 37 North, Range 14 West, M.P.M.
Section 34: All that portion of the NE¼SW¼ lying South of Montana State Highway 17, less any United States Reclamation Service lands. (Doc. 1, Para. 2).

         2. Alger Swingley received a loan guaranteed by the Bureau of Indian Affairs pursuant to 25 USC § 1481 et. seq. in the amount of $218, 000.00 from Native American Bank, NA. The loan is evidenced by a promissory note dated July 25, 2007. A true and correct copy of the promissory is attached to the Complaint as Exhibit A. (Doc. 1, Para. 3).

         3. As security for the above-described loan Alger Swingley executed a Trust Indenture on July 25, 2007, providing the Native American Bank, NA, a security interest in the real property described above: (Doc. 1 Para. 2). The Trust Indenture was filed of record with the Clerk and Recorder of Glacier County on July 25, 2007, in Book 72 of Mortgages, at Page 61, as Document No. 260726. A true and correct copy of the Trust Indenture is attached to the complaint as Exhibit B. (Doc. 1, Para, 4).

         4. The Deeds of Trust provide as security the real property located in Glacier ...


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