IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

 vs. Case No. 4:03cv223/RH/WS

CHANCAY, INC.; MARY L. WATKINS;

GADSDEN COUNTY, FLORIDA and

JOHN YOUMANS,

Defendants.

 

 

JUDGMENT OF FORECLOSURE

THIS CAUSE came before the court on the United States’ motion for entry of

a Judgment of Foreclosure based upon default. The record establishes that:

(a) All defendants who are parties to this action have been duly served with

legal process and the Court has jurisdiction over the parties and the subject matter.

(b) A default has properly been entered by the Clerk of the Court against

defendants MARY L. WATKINS; GADSDEN COUNTY, FLORIDA; and

JOHN YOUMANS for failure to plead or otherwise defend as required by the Federal

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Rules of Civil Procedure. 

(c) The pleadings and affidavits on file (there being no depositions, answers

to interrogatories or admissions) show there is no genuine issue as to a material fact

and that the United States is entitled to a Judgment of Foreclosure as a matter of law

as to these defendants.

(d) The United States has submitted to the Court its proof in the form of the

original promissory note, mortgage, and subsidy repayment agreement, together with

a Certificate of Indebtedness due from defendant MARY L. WATKINS; the proof

having been submitted and examined, and the pleadings, together with the record as

a whole, having been considered, the Court finds a breach of the mortgage contract

and the following amounts to be due to the plaintiff thereon from defendant MARY

L. WATKINS:

Unpaid Principal as of February 23, 2005 $45,568.94

Unpaid Interest to February 23, 2005 11,639.99

Interest from February 23, 2005, through May 20, 2005 

(86 days at $9.0514 per day) 778.42

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Subsidy Recapture Amount 6, 869.70

Escrow/Impound Amount 7,549.41

TOTAL AMOUNT DUE as of May 20, 2005 $72,406.46

Interest accrues hereafter at the annual rate of 3.35 %, as provided for in Title 28,

United States Code, Section 1961.

(e) Defendant CHANCAY, INC., is the first lien holder on the subject

property and its superior lien has been recognized. The following amount is due to

defendant CHANCAY, INC., from defendant MARY L. WATKINS, on the first

lien:

Unpaid Principal and Interest as of March 25, 2005 $24,472.70

Interest from March 25, 2005, through May 20, 2005 

(56 days at $12.07 per day) 675.92

Attorney’s fees and costs (through May 9, 2005) 3,944.11

TOTAL AMOUNT DUE: $29,092.73

Interest accrues hereafter at the annual rate of 3.35 %, as provided for in Title 28,

United States Code, Section 1961.

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(f) The total due to the United States and Chancay, Inc. from defendant Mary

L. Watkins, as set forth in paragraphs (d) and (e) above, is $101,499.19, as of May 20,

2005.

IT IS THEREFORE, ORDERED AND ADJUDGED:

(1) The defaults entered by the Clerk of this Court against defendants MARY

L. WATKINS; GADSDEN COUNTY, FLORIDA; and JOHN YOUMANS be and

the same are hereby ratified and confirmed and Judgment of Foreclosure by default

is hereby entered in favor of the plaintiff United States of America against such

defendants.

(2) Defendant MARY L. WATKINS IS ordered and directed to pay to the

United States within ten (10) days after the date hereof the sums of money found to

be due the United States on the note, mortgage, and subsidy repayment agreement as

set forth above.

(3) If such defendant shall fail to pay said sums within the ten (10) day period,

then, under the applicable laws and rules of this Court, the United States Marshal is

appointed sales officer and ordered and directed to sell, free and clear of all liens and

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encumbrances, the following described mortgaged property, situated, lying and being

in Gadsden County, Florida, to wit:

Lot 2 of Post Plant Road Subdivision according to a map or plat thereof

recorded in Plat Book 2, page 52 of the public records of Gadsden

County, Florida.

(4) The United States Marshal shall advertise the sale of the subject real

property in accordance with Title 28, United States Code, Sections 2001 and 2002,

after giving proper notice, and conduct a sale of the property at the front door of the

Gadsden County Courthouse at Quincy, Florida.

(5) Upon the sale being made of the property and confirmed by this Court, the

defendants and all persons claiming under or against them since the filing of the

Notice of the Lis Pendens are foreclosed of all estate or claim in the property and the

purchaser at the sale shall be let into possession of the property.

(6) The United States is authorized to bid at the sale and any bid made by the

United States shall, after payment of the CHANCAY, INC., lien be credited against

the indebtedness due the United States. If the United States is the successful bidder

for an amount less than the amount due hereunder, then the United States may pay

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costs of Court and expenses due hereunder and it is not necessary for plaintiff to pay

over any money other than the costs of this suit.

(7) Any attorney fees incurred by the defendant, CHANCAY, INC., shall be

satisfied to the extent that the CHANCAY, INC., mortgage permits such fees, as

approved by the Court, to be charged to the borrower. The United States shall have

no responsibility to pay attorney fees, should the sale fail to realize sufficient funds

to satisfy CHANCAY, INC.’s mortgage

(8) Upon sale being made, and if there are no objections to the sale within ten

(10) days, then the Marshal is directed to make a report and accounting of the

proceeds realized from the sale, if any, and the bidder, or bidders, at such sale and

report the amount of the sale for confirmation. Upon the sale being made the Marshal

shall retain the proceeds thereof until confirmation and order of disbursement is made

herein.

(9) The Court reserves the jurisdiction to make such further orders as may be

appropriate, including, but not limited to, a deficiency judgment should the sale

proceeds be insufficient to pay plaintiff the sums owed by the borrower; the issuance

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of a writ of assistance should repossession of the subject real property be contested;

an order for the taxation of all costs; and an appropriate order of disbursement.

SO ORDERED this 20th day of May, 2005.

s/Robert L. Hinkle 

Chief United States District Judge 

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