United States District Court, W.D. Oklahoma
KAY
SEWELL, ASSISTANT U.S. ATTORNEY
DONALD
P. FERGUSON, ATTORNEY FOR AG PREFERENCE CREDIT ASSOCIATION,
PCA
DAVID
THOMAS, GREER COUNTY DISTRICT ATTORNEY ATTORNEY FOR GREER
COUNTY TREASURER AND BOARD OF COUNTY COMMISSIONERS OF GREER
COUNTY
ANNA
WYATT, ASSISTANT GENERAL COUNSEL ATTORNEY FOR THE OKLAHOMA
TAX COMMISSION
FORECLOSURE JUDGMENT
SCOTT
L. PALK UNITED STATES DISTRICT JUDGE.
The
Court finds:
1.
Plaintiff, United States, served all defendants more than
twenty-one (21) days prior to this date.
2.
Defendants Tressa Lenae Brewer, Kevin Kyle Brewer and Dean
Graumann, are in default. Defendant Landon Roberts has
answered, counterclaimed and cross-claimed on September 27,
2018, which pleadings were timely filed.
3.
Defendant AgPreference Credit Association, PCA has also
timely answered the Complaint and asserted its Amended
Counterclaim/Cross-claim on February 13, 2019.
4.
Defendant AgPrefernce Credit Association, PCA served
defendants Tressa Lenae Brewer and Kevin Kyle Brewer more
than twenty-one (21) days prior to this date.
5.
Defendants Tressa Lenae Brewer, Kevin Kyle Brewer and Dean
Graumann, are in default on the Amended
Counterclaim/Cross-claim. Plaintiff and defendant Oklahoma
Tax Commission have answered the Amended
Counterclaim/Cross-claim, which pleadings were timely filed.
6. The
allegations of the Amended Counterclaim/Cross-claim are true
as set forth below.
7. The
allegations of the Complaint are true, and there is due and
owing to plaintiff from Defendant Tressa Lenae Brewer on the
promissory note and mortgage:
Principal
..................................................................................................
$302, 316.00
Accrued interest as of September 5, 2018
................................................ $48,
976.51
Amount due as of September 5, 2018
.................................................... $351,
292.51
plus
accruing interest on the principal at the rate of $28.9892
per diem from September 5, 2018, to the date of judgment.
8. The
Plaintiff's mortgage is a valid second lien on the
following real property:
TRACT 1: The Southwest Quarter (SW/4) of Section Five (5)
Township Five (5) North, Range Twenty-one (21) WIM, Greer
County, State of Oklahoma
TRACT II: The Southwest Quarter (SW/4) of Section Fourteen
(14) Township Five (5) North, Range Twenty-one (21) WIM,
Greer County, State of Oklahoma
9. The
Plaintiff's mortgage is a valid first lien on the chattel
which includes Tressa Lenae Brewer's interest in any
...