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United States v. Hunter

November 15, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JAMES C. HUNTER, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Terence P. Kemp United States Magistrate Judge

JUDGE HOLSCHUH

MAGISTRATE JUDGE KEMP

JUDGMENT ON INDEBTEDNESS AND DECREE IN FORECLOSURE

This cause came on to be considered upon the complaint duly filed by the plaintiff, UNITED STATES OF AMERICA, the answer of the defendant, James C. Hunter, the answer and cross-claim of defendant Steven P. Beathard, the answer of defendant Delaware County Mutual Insurance Company, N/K/A Country Mutual Insurance Company, the answer of defendant Treasurer of Knox County, Ohio, the entry of default (as provided by Rule 55, Federal Rules of Civil Procedure, for having failed to plead or otherwise defend as provided in said Rule) filed by the Clerk of this Court for and on behalf of the defendants, Unknown Spouse, if any, of James C. Hunter, Unknown Spouse, Heirs, Devisees, Legatees, Administrators, Executors, and Assigns, if any, of Edna Hunter, Deceased, Unknown Tenant, if any, of property located at 6067 New Delaware Road, Mount Vernon, Ohio 43050, Morrow County Soil & Water Conservation District, and Patrons Mutual Insurance Association, D/B/A Buckeye Insurance Group, and upon the evidence.

The Pretrial Order of this Court entered August 31, 2006, approved and stipulated to by counsel for plaintiff, Defendant Hunter, and Defendant Delaware County Mutual Insurance Company required defendant Hunter to sell the real property subject to this foreclosure action by October 15, 2006. Defendant Hunter failed to sell the subject real property in accordance with the August 31, 2006 Order. Accordingly, pursuant to paragraph 5 of the August 31, 2006 Order: "the United States of America may present an Order to the Court granting judgment on the pleadings and may then proceed with all haste to a judicial sale."

The Court finds that it has jurisdiction of the subject matter of this action and the defendants relating thereto.

The Court further finds that there is due to plaintiff from the defendant, James C. Hunter, on the promissory notes set out in the complaint the principal amount of $679,700.87, and interest sum of $113,614.73, totaling $793,315.60, together with interest thereon at the rate of $111.7317 per day from October 26, 2006, on the principal amount to the date of judgment, interest thereafter at the legal rate, and any authorized expenses incurred by the plaintiff chargeable to said defendant under the terms of said promissory notes, security agreements, financing and continuation statements or as otherwise provided by law. (See Statement of Account, attached hereto as Exhibit 1.)

The Court also finds that defendant Country Mutual Insurance Company has a lien upon the premises which are the subject of this action by virtue of an assessment lien on real estate filed in the office of the Recorder of Knox County, Ohio on July 7, 1988, in Volume 364, at page 492, of the lien records of Knox County, Ohio. There is presently due upon said lien the principal sum of $2,038.00, plus interest at ten percent (10%) per annum from July 7, 1988.

The Court further finds in the event of a court-ordered sale of the real estate, from the proceeds of the sale, first priority would be given to the Treasurers of Knox and Morrow Counties, Ohio for real estate taxes due and owing. Other defendants/lienholders would be paid in the order of their priority as determined by the Court.

IT IS, THEREFORE, ORDERED:

l. That the plaintiff have judgment against the defendant, James C. Hunter, for the principal amount of $679,700.87, and interest sum of $113,614.73, totaling $793,315.60, together with interest thereon at the rate of $111.7317 per day from October 26, 2006, on the principal amount to the date of judgment, interest thereafter at the legal rate, and any authorized expenses incurred by the plaintiff chargeable to said defendant under the terms of said promissory notes, security agreements, financing statement and continuation statements or as otherwise provided by law.

2. That unless the sums found due to plaintiff are paid within ten days from the entry of this decree, the equity of redemption and right of redemption of the defendant, James C. Hunter, and any and all right of redemption of any and all other persons claiming through said defendant shall be foreclosed and the real and chattel property described in the complaint shall be sold free and clear of all liens, rights, or interest of the parties to this action, and that immediately after said ten day period, an Order for Sale shall issue to the United States Marshal for the Southern District of Ohio directing him to advertise and sell said real and chattel property according to law and the orders of this Court.

3. That the liens and rights of all parties shall attach to the proceeds of sale in order of their priority, the settlement of claims and priorities being reserved pending further order of this Court.

4. That in the event of the sale of said real and chattel property, as upon foreclosure, the proceeds of sale thereof are not sufficient to pay the plaintiff's claim, that a ...


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