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United States v. Heirs

United States District Court, D. New Mexico

March 18, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
THE UNKNOWN HEIRS, DEVISEES, OR LEGATEES OF BILLIE A. FERRELL, DECEASED; ROBERT J. MANNING; SHERRIE L. MANNING; AND OCCUPANTS, WHOSE TRUE NAMES ARE UNKNOWN, IF ANY, Defendants.

          STIPULATED AND DEFAULT JUDGMENT, DECREE OF FORECLOSURE AND ORDER OF SALE

          HONORABLE GREGORY J. FOURATT, UNITED STATES MAGISTRATE JUDGE.

         THIS MATTER coming before the Court, the United States appearing by and through its attorneys, John C. Anderson, United States Attorney for the District of New Mexico, and Manuel Lucero, Assistant United States Attorney; Defendant appearing not; and the Court being fully advised in the premises, FINDS:

         1. This Court has jurisdiction over the parties and the subject matter of this action.

         2. Defendants, The Unknown Heirs, Devisees, or Legatees of Billie A. Ferrell, Deceased; And Occupants, whose True Names are Unknown, if any, were served with service herein by publication and have failed to answer or otherwise plead and a Clerk's Entry of Default was entered on March 11, 2019. See, Doc. 20.

         3. Robert J. and Sherrie L. Manning filed an answer on or about November 16, 2018. Doc. No. 14.

         4. The current occupants of the property at issue in this matter filed a response on or about September 9, 2018 but make no claim to the property. Doc. No. 3.

         5. The allegations of the Complaint are sustained by the evidence and are adopted as findings of fact. The Court concludes as a matter of law that the Plaintiff has standing and is entitled to the relief demanded in the Complaint.

         6. The Note and Mortgage described in the Complaint were executed and delivered by Billie A. Ferrell, to Secretary of HUD, an agency of the United States of America. The note is in default and there is due the United States the following:

Principal and Interest to
November 7, 2009 $490, 714.34
Lis Pendens Fee $25.00
Service by Publication $647.46
TOTAL $491, 386.80

         The United States is further due interest accruing at the daily rate of $81.47 from November 7, 2009 to the date of Judgment, with interest accruing at the legal rate of 5.56% per annum thereafter, computed daily and compounded annually until paid, plus the amount of any advances made after November 7, 2009, and ad valorem taxes.

         7. Said amount is a first and prior lien, subject to any outstanding taxes, on the following- described real property (Real Property) located in Grant County, New Mexico:

Lot Sixteen (16), Block Three (3), Amended Subdivision, Unit No. 1, According to The Amended Survey and Plat Therefore Made by Vernon E. Hall, Surveyor, Filed for Record in the Office of the Country Clerk of Grant County, Silver City, New Mexico, June 28, 1966 in Book 3 of Plats at Page 26.

         More Commonly known as: 710 Country Club Drive, Silver City, NM 88061. Said Note is rescored on June 4, 200 as Document Number 200902389, recorded in Grant County, NM.

         IT IS ...


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