United States District Court, D. New Mexico
STIPULATED AND DEFAULT JUDGMENT, DECREE OF
FORECLOSURE AND ORDER OF SALE
HONORABLE GREGORY J. FOURATT, UNITED STATES MAGISTRATE JUDGE.
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:
Court has jurisdiction over the parties and the subject
matter of this action.
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.
Robert J. and Sherrie L. Manning filed an answer on or about
November 16, 2018. Doc. No. 14.
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.
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.
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
Lis Pendens Fee
Service by Publication
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.
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.
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.