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United States v. Brewer

United States District Court, W.D. Oklahoma

July 22, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
TRESSA LENAE BREWER, et al. Defendants.

          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 ...


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