Opinion
CIVIL NO. 2:12-cv-00756
09-04-2012
UNITED STATES OF AMERICA, Plaintiff, v. GARY L. FULLER and GLENDA L. FULLER, Defendants.
JUDGMENT
AND NOW, to wit, this 4th day of SEPTEMBER, 2012, after presentation and consideration of the foregoing Motion for Default and Default Judgment in Mortgage Foreclosure and for Deficiency Judgment, heretofore filed by Plaintiff, the United States of America, IT IS HEREBY ORDERED that said Motion is GRANTED.
IT IS FURTHER ORDERED that default is hereby entered against Defendants for failing to answer, and in rem judgment in mortgage foreclosure, an in personam judgment, and a deficiency judgment are hereby entered against Defendants in favor of Plaintiff, as follows:
+------------------------------------------------+ ¦Principal ¦$ 32,451.96¦ +------------------------------------+-----------¦ ¦Interest to 03/08/12 ¦$ 1,665.49 ¦ +------------------------------------+-----------¦ ¦Interest Credit Subject to Recapture¦$ 19,198.17¦ +------------------------------------+-----------¦ ¦Total Penalty Charges ¦$ 4.691.78 ¦ +------------------------------------+-----------¦ ¦Total ¦$ 58,007.40¦ +------------------------------------------------+ together with interest from March 8, 2012, at the contractual rate of 7.375% per annum to the date of judgment, plus interest from the date of judgment at the legal rate, reasonable attorneys' fees and collection costs.
It is further ORDERED that the subject property hereby shall be and is exposed for sale for the purpose of satisfying Plaintiff's judgment.
It is further ORDERED that Plaintiff shall be paid the amount adjudged due Plaintiff with interest thereon to the time of such payment, together with costs of this action and the expenses of sale.
It is further ORDERED that a deficiency judgment is entered against Defendants for the balance due and owing on the default judgment after deduction of monies received as the result of the sale of the subject property.
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United States District Judge