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United States v. Goodwin

United States District Court, E.D. Washington

May 3, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
CHRISTOPHER L. GOODWIN; SHELLY A. GOODWIN, now known as Shelly A. Jamison; BERNARDO ANGEL-MARTINEZ; LORENZO ANGEL-MARTINEZ; U.S. BANK NATIONAL ASSOCIATION, doing business as U.S. BANK; PIEDAD DUARTE; SUNDOWN ORCHARDS; TROUT-BLUE CHELAN-MAGI, INC., doing business as Chelan Fruit Company, doing business as Chelan Fruit Cooperative, Defendants.

          ORDER GRANTING DEFAULT JUDGMENT AND DECREE OF FORECLOSURE

          ROSANNA MALOUF PETERSON United States District Judge.

         BEFORE THE COURT is Plaintiff's Motion for Judgment In Rem and Decree of Foreclosure, ECF No. 33. Defendants Christopher L. Goodwin, Shelly A. Goodwin n/k/a Shelly A. Jamison; Bernardo Angel-Martinez; Lorenzo Angel-Martinez; and Piedad Duarte have been found to be in default and said default was entered at ECF No. 30. The Court finds that Defendant U.S. Bank National Association has stipulated its agreement to the relief requested by Plaintiff, ECF No. 27, and that Defendant Trout-Blue Chelan-Magi, Inc. (“Trout-Blue”) has filed a disclaimer of interest and agreement to the relief requested, ECF No. 22.

         Therefore, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Plaintiff's Motion for Default Judgment, ECF No. 33, is GRANTED, and further:

         1. Judgment in rem is entered in favor the United States and against Defendants Christopher L. Goodwin, Shelly A. Goodwin n/k/a Shelly A. Jamison (“Defendants Goodwin”) in the amount of $218, 465.68 principal and interest accrued through date of judgment as calculated according to terms of the First Amended Complaint, ECF No. 13 at 8; plus interest from the date of judgment at the rate set forth in 28 U.S.C. § 1961; plus filing fees allowed pursuant to 28 U.S.C. § 2412(a)(2); plus court costs; and the costs and expenses of this action presently and in the future incurred for advertising, selling, and conveying the property.

         2. The debts upon which this judgment is based are secured and perfected by the following:

a. A real estate mortgage was recorded May 27, 1998, under Auditor's File No. 865957, Official Records of Okanogan County, Washington;
b. A real estate mortgage was recorded January 5, 1998, under Auditor's File No. 861012, Official Records of Okanogan County, Washington;
c. Security agreements were perfected by a filing with the Washington State Department of Licensing a financing statement on January 27, 1997, as Instrument No. 97-017-0256; a continuation statement on August 31, 2001, as Instrument No. 2001-225-0499; a continuation statement and restated collateral description on August 18, 2006, as Instrument No. 2006-235-2557-1; and a continuation statement on September 14, 2011, as Instrument No. 2011-257-4587-0. A UCC-2 fixture filing was filed May 31, 2000, as Instrument No. 3022869; and a continuation statement and restatement of collateral was filed January 4, 2005, as Instrument No. 3083932, Official Records of Okanogan County, Washington.

         3. The foregoing real estate mortgages and security agreements cover the following described property situated in Okanogan County, Washington:

a. REAL PROPERTY. See Exhibit A attached hereto and incorporated by reference as well as all irrigation equipment appurtenant to the real property.
b. PERSONAL PROPERTY.

         The $54, 671.23 in funds currently held by Defendant Trout-Blue.

         4. The interest of all Defendants are inferior to the interest of the United States.

         5. The real estate mortgages and security agreements, which constitute first and prior liens upon the subject funds and real property and irrigation equipment appurtenant thereto described above, are hereby foreclosed. Defendants and all persons claiming by, through, or under them are forever barred and foreclosed from asserting any right, title, or ...


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