United States District Court, E.D. Arkansas, Pine Bluff Division
DEFAULT JUDGMENT
JAMES
M. MOOD JR. UNITED STATES DISTRICT JUDGE.
Before
the Court is the government's motion for default judgment
pursuant to Rule 55(b), Federal Rules of Civil Procedure. The
government seeks a default judgment foreclosing all right,
title and interest of the defendants Pearlie Mae Jordan and
Doc C. Nelson, in and to the real property in Chicot County,
Arkansas described in the government's amended complaint.
The government's amended complaint seeks foreclosure of
mortgages on land in Chicot County, Arkansas executed by
Pearlie Mae Jordan and her husband, Silford Jordan, Jr., now
deceased, that secure loans made to them by the U.S.
Department of Agriculture (“USDA”), Farm Service
Agency (“FSA”). Doc #2.
Dock C.
Nelson was made a defendant because he had an oral rental
agreement and planted a crop on the subject property in 2017.
He has informed the government's counsel that he does not
have a rental agreement for 2018 and did not plant a crop on
the subject property in 2018. Doc. #9.
After
having been properly served, the defendants have not filed an
answer, or other response, to the complaint, and are in
default. Pursuant to Rule 55(a), the Clerk of Court has
entered a Clerk's Default as to each defendant. Doc. #
10, 11. As shown by the Declaration submitted with
plaintiff's motion for default judgment, each defendant
is an adult, and neither is in the military service of the
United States, nor a mentally incompetent person.
It is,
therefore, ordered and adjudged:
1. The Court has jurisdiction over the parties and the real
property that is the subject of this cause of action.
2. Defendant Pearlie Mae Jordan is in default on the payments
due on her loans from USDA FSA. There is now due and owing to
the plaintiff United States of America, USDA FSA, on her
promissory notes the total sum of $447, 648.51, as of
September 13, 2018, with interest accruing thereafter at the
rate of $24.7315 per day.
3. The above-described indebtedness owed to USDA FSA is
secured by mortgages from Pearlie Mae Jordan to USDA FSA,
which were recorded in the records of the Circuit Clerk and
Recorder of Chicot County, Arkansas as follows:
Date of Mortgage
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Date of Filing
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Filing Information
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April 11, 1979
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April 11, 1979
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Filed in the real estate records in the Office of the
Circuit Clerk and Ex-Officio Recorder of Chicot
County, Arkansas in Book V-14, at Page 397.
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January 17, 1980
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January 17, 1980
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Filed in the real estate records in the Office of the
Circuit Clerk and Ex-Officio Recorder of Chicot
County, Arkansas in Book A-15, at Page 437.
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April 14, 1981
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April 14, 1981
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Filed in the real estate records in the Office of the
Circuit Clerk and Ex-Officio Recorder of Chicot
County, Arkansas in Book H-15, at Page 535.
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March 9, 1982
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March 9, 1982
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Filed in the real estate records in the Office of the
Circuit Clerk and Ex-Officio Recorder of Chicot
County, Arkansas in Book P-15, at Page 143.
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April 26, 1982
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April 26, 1982
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Filed in the real estate records in the Office of the
Circuit Clerk and Ex-Officio Recorder of Chicot
County, Arkansas in Book P-15, at Page 487.
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March 8, 1983
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March 8, 1983
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Filed in the real estate records in the Office of the
Circuit Clerk and Ex-Officio Recorder of Chicot
County, Arkansas in Book R-15, at Page 923.
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April 23, 1984
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April 23, 1984
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Filed in the real estate records in the Office of the
Circuit Clerk and Ex-Officio Recorder of Chicot
County, Arkansas in Book Y-15, at Page 695.
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April 23, 1985
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April 23, 1985
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Filed in the real estate records in the Office of the
Circuit Clerk and Ex-Officio Recorder of Chicot
County, Arkansas in Book F-16, at Page 251.
|
The
mortgages collectively grant and convey to USDA FSA a first
lien on the following described real property in Chicot
County, Arkansas, together with all fixtures, appurtenances
and improvements thereon:
The Northeast Quarter (NE¼) of the Northwest Quarter
(NW¼) of Section 30, Township 13 South, Range 3 West.
West Half of the Southeast Quarter, Northeast Quarter,
(W½ SE¼ NE¼) containing 15.60 acres;
East Half of the Southeast Quarter, Northwest Quarter
(E½ SE¼ NW¼), containing 13.40 acres;
That part of the Northwest Quarter, Southeast Quarter
(NW¼ SE¼) lying North of Road, containing 2
acres; That part of the Northeast quarter (NE¼) and
Northeast Quarter, Southwest Quarter (NE¼ SW¼)
lying North of Road, containing 1.02 acres; All of said land
being in Section 30, Township 13 South, Range 3 West, Chicot
County, Arkansas.
4.
Judgment in rem against the above-described property
is hereby awarded to the plaintiff United States of America,
USDA FSA, in the sum of $447, 648.51, as of September 13,
2018, with interest accruing thereafter at the rate of
$24.7315 per day until fully paid, plus any additional
advances and recoverable charges for protection and
maintenance of the property during the pendency of this
action, plus the costs of this action. The judgment herein
awarded to plaintiff is paramount and superior to all right,
title, estate, equity or statutory right of redemption,
dower, curtesy and homestead held or claimed by the
defendants Pearlie Mae Jordan and Dock C. Nelson and all
persons claiming by or through them.
5. If
the Judgment herein awarded to the plaintiff USDA FSA is not
paid within ten days from the date of entry of this Judgment,
the United States Marshal is directed to sell the
above-described property at public auction to the highest
bidder by certified check, or on a credit of 30 days, at the
S. Front door of the Chicot County Courthouse, Lake Village,
Arkansas. The date and time of the sale shall be fixed by the
Marshal. If purchased on credit, payment of the purchase
price shall be secured by one of the following methods, at
the purchaser's option: Furnish a corporate security
bond, or furnish a letter of credit from a financial
institution, or post a 10% down payment by certified check or
money order. The corporate surety bond and letter of credit
shall be in the amount of the purchase price, plus interest
at the rate of 10% per annum from date of sale, and shall be
subject to the approval of the U.S. Marshal. The 10% down
payment shall be forfeited in the event of failure to pay for
the property within 30 days, in which event the Marshal shall
resell the property. In the event of a down payment, the
purchaser shall pay interest on the balance of the purchase
price at the rate of 10% per annum from date of sale. A lien
against the property shall be retained to further secure
payment of the purchase money. The property shall be sold
subject to any unpaid property taxes. If the plaintiff shall
become the purchaser at such ...