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United States v. Williams

United States District Court, W.D. Arkansas, Texarkana Division

November 30, 2016

UNITED STATES OF AMERICA PLAINTIFF
v.
PHILLIP J. WILLIAMS; LaSHAWNDA CLARK, f/k/a LaSHAWNDA WILLIAMS; WILLIE CLARK, HUSBAND OF LaSHAWNDA CLARK, WALKER RENTAL PROPERTY, INC., STATE OFARKANSAS, DEPT. of FINANCE and ADMINISTRATION, OFFICE of CHILD SUPPORT ENFORCEMENT; STEPHANIE WILLIAMS; CONTREATA ROBINSON; and ARKANSAS STATE LAND COMMISSIONER DEFENDANTS

          DECREE OF FORECLOSURE

          Susan O. Hickey United States District Judge.

         Now on this 30th day of November, 2016, comes on to be heard the Complaint by the United States of America, as amended, filed against the Defendants, Phillip J. Williams; LaShawnda Clark f/k/a LaShawnda Williams; Willie Clark; Walker Rental Property, Inc.; State of Arkansas, Department of Finance and Administration, Office of Child Support Enforcement; Stephanie Williams; Contreata Robinson and the Arkansas State Land Commissioner, and the Court being well and sufficiently advised, finds:

         1. The Court has jurisdiction of the parties and the subject matter herein pursuant to 28 U.S.C. § 1345.

         2. Plaintiff's Complaint was originally filed on February 13, 2002, and was amended on October 24, 2014. On January 22, 2016, this Court entered a Decree of Foreclosure as to the named defendants, Phillip J. Williams; LaShawnda Clark, f/k/a LaShawnda Williams; Willie Clark, husband of LaShawnda Clark, Walker Rental Property, Inc., and Arkansas State Land Commissioner, that determined all issues as to those defendants. The Decree entered on January 22, 2016, is incorporated herein by reference.

         3. On January 22, 2016, the Court also granted Plaintiff leave to file its Second Amended Complaint to include three additional Defendants, those being: (a) the State of Arkansas, Department of Finance and Administration, Office of Child Support Enforcement; (b) Stephanie Williams and (c) Contreata Robinson.

         4. The State of Arkansas, Department of Finance and Administration, Office of Child Support Enforcement, was duly served with summons and a copy of the Complaint as amended on February 2, 2016. The State of Arkansas, Department of Finance and Administration, Office of Child Support Enforcement, entered its appearance and filed its Answer on February 5, 2016. The State of Arkansas, Department of Finance and Administration, Office of Child Support Enforcement, also entered its appearance on behalf of Contreata Robinson.

         5. Plaintiff served Contreata Robinson in care of the Office of Child Support who was authorized to accept service upon her on February 1, 2016. As noted above, the Office of Child Support entered its appearance on behalf of Contreata Robinson.

         6. Stephanie Williams could not be found or served within the State of Arkansas and did not voluntarily appear. On July 15, 2016, the Court ordered service to be made upon Stephanie Williams by way of Publication. On September 8, 2016, Plaintiff filed its Proof of Service by Publication. Stephanie Williams was properly served by Publication as ordered by the Court with said Order being published in the Hope Star, a newspaper widely circulated within Hempstead County, Arkansas, for six weeks consecutively, the first insertion therein having been made on July 26, 2016, and the last on August 30, 2016.

         7. Stephanie Williams failed to appear, plead, answer or otherwise respond to Plaintiff's Complaint as amended, and on October 25, 2016, this Court entered its Order and Judgment of Default as to the Defendant, Stephanie Williams.

         8. On or about August 23, 1991, for a good and valuable consideration, the Defendants, Phillip J. Williams and LaShawnda Clark f/k/a LaShawnda Williams, executed and delivered their Promissory Note payable to the United States of America, acting through the Rural Development Service (formerly known as Farmers Home Administration), United States Department of Agriculture, in the principal amount of $22, 240.00, with interest accruing at the rate of 8.75 percent per annum, payable in installments beginning on August 23, 1991, and continuing thereafter until paid in full, and providing that upon default the holder might declare the entire indebtedness due and payable. Plaintiff is the legal holder of said Note.

         9. To secure payment of this note, the Defendants Phillip J. Williams and LaShawnda Clark f/k/a LaShawnda Williams executed, acknowledged and delivered to the United States of America, acting through the Rural Development Service (formerly known as the Farmers Home Administration), United States Department of Agriculture, on August 23, 1991, their Real Estate Mortgage, conditioned upon repayment of this note, which was recorded on August 23, 1991, at Book 592, Page 258, in the records of Hempstead County, Arkansas, covering the following described property in Hempstead County, Arkansas to-wit: Lots Nine (9) and Ten (10) in Block Three (3) of Sullivan's Addition to the City of Hope, Arkansas. Plaintiff is the legal holder of this mortgage.

         10. Despite notice and demand, the Defendants Phillip J. Williams and LaShawnda Clark f/k/a LaShawnda Williams have neglected to pay their obligation on this note and are in default thereon, and the Plaintiff has declared the entire indebtedness due and payable and elected to seek in rem judgment and judicial aid of its claim, as allowed in said mortgage and by law, and that there is due the Plaintiff on account of this note the principal sum of $20, 881.59, plus accrued interest of $17, 059.19, as of August 28, 2014, with interest accruing thereafter at a rate of 8.75 percent per annum, until date of judgment, and costs/fees in the amount of $5, 976.01 through August 28, 2014, for a total owing of $43, 916.79, plus interest from August 28, 2014, and any additional fees and/or costs incurred thereafter.

         11. For valuable consideration, the Defendants, Phillip J. Williams and LaShawnda Clark f/k/a LaShawnda Williams, in said mortgage, w ai v ed all r i ghts o f ap p rais em ent, sale, redemption, and homestead and particularly all rights of redemption under the Act of the Arkansas Legislature approved May 8, 1899, and acts amendatory thereof, and said the Defendants, Phillip J. Williams and LaShawnda Clark f/k/a LaShawnda Williams, likewise expressly waived all rights or possibility of dower, curtesy, and homestead in and to said land and property.

         12. The relief being granted to the Plaintiff is not different as to type or material amount from that sought in its Complaint as amended in its ...


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