United States of America v. Fryman et al
| USA |
| Rebecca Ann Fryman, Rebecca Ann Scroggins, Michael Kevin Scroggins and Commonwealth of Kentucky |
| 2:2014cv00052 |
| March 24, 2014 |
| US District Court for the Eastern District of Kentucky |
| Covington Office |
| Grant |
| David L Bunning |
| Candace J Smith |
| Real Property: Foreclosure |
| 28 U.S.C. § 1345 Foreclosure |
| None |
Docket Report
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| Document Text |
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| Filing 21 NOTICE OF FILING U.S. Marshal's Return re #20 Order on Motion for Disbursement of Funds. $25,500.00 was executed. An ACH deposit will follow shortly in the amount of $25,500.00 payable to Gambrel & Wilder Law Offices, LLC. (MCB) |
Filing 20
ORDER: It is ordered, adjudged and decreed herein as follows: 1. The Motion of the Plaintiff for the entry hereof should be and is GRANTED. 2. The United States Marshal for the Eastern District of Kentucky is hereby orderedto disburse the sum of $25,500.00, now in the Marshal's hands, to the UnitedStates of America, acting for and on behalf of its Department of Agriculture,Rural Development, representing the proceeds of the foreclosure sale held insatisfaction of the Judgment entered in favor of the plaintiff by the Court on July 8, 2014. Signed by Judge David L. Bunning on 11/1/2016. (TED)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Bunning for review: re #19 MOTION for Disbursement of Funds by United States of America (TED) |
| Filing 19 MOTION for Disbursement of Funds by United States of America Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Dixon, Melissa) |
| Filing 18 Mail Returned as Undeliverable. Mail sent to Michael Kevin Scroggins re #16 Order on Motion to Confirm U.S Marshal's Report of Sale. (TED) |
| Filing 17 Mail Returned as Undeliverable. Mail sent to Rebecca Ann Fryman aka Rebecca Ann Scroggins re #16 Order on Motion to Confirm U.S Marshal's Report of Sale. (TED) |
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Filing 16
ORDER: It is ordered 1) Plaintiff's #15 Motion to Confirm U.S. Marshal's Report of Sale is GRANTED; 2) Report of Sale be and the same is hereby ratified and confirmed; 3) USM is directed to execute a Deed for property to Cody McLafferty, 519 Cynthiana Street, Williamstown, KY 41017 to present the Deed to the clerk for property acknowledgement and to deliver the deed to the purchaser in exchange for payment in full of the purchase price. Signed by Judge David L. Bunning on 04/13/2016. (TED)cc: COR, Rebecca Ann Fryman aka Rebecca Ann Scroggins, Michael Kevin Scroggins, Commonwealth of Kentucky and Cody McLafferty via U.S. Mail
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| Filing 15 MOTION to Confirm Report of Sale by United States of America . (Attachments: #1 Proposed Order)(Dixon, Melissa) Modified removing referral on 4/11/2016 (TED). |
| Filing 14 Mail Returned as Undeliverable. Mail sent to Michael Kevin Scroggins re #12 Report of Sale (TED) |
| ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: re #15 MOTION to Confirm Report of Sale by United States of America (TED) |
| Filing 13 Mail Returned as Undeliverable. Mail sent to Rebecca Ann Fryman, Rebecca Ann Scroggins re #12 Report of Sale (TJZ) |
| Clerk's Note: re #12 Report of Sale. Clerk distributed copies as follows: 3 attested copies to attorney; 1 attested copy to USM; 1 copy to dft. (TED) |
| Filing 12 Report of Sale. (Attachments: #1 Affidavit of Publication, #2 Supplement Oath of Appraiser)(Dixon, Melissa) |
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Filing 11
IN REM JUDGMENT AND ORDER OF SALE: It is ordered 1) #10 MOTION for Default Judgment, MOTION for Order of Sale by United States of America is granted; 2) Plaintiff is granted judgment (a) In Rem Judgment and Order of Sale entered against interests of Defendant, Rebecca Ann Fryman (aka Rebecca Ann Scroggins) in real property which is the subject of this action in the principal sum of $59,626.49 with accrued interest of $3,100.64 through August 14, 2013, total subsidy granted $4,282.08 with late charges $106.52 and fees assessed $318.10 for total unpaid balance of $67,433.83. Interest accruing on unpaid balance at rate of $10.4142 per day after August 14, 2013 until date of entry of Judgment, plus interest on the Judgment amount; (b) Default Judgment against Michael Kevin Scroggins; (c) Default against Commonwealth of Kentucky; 3) Federal liens attach; 4) Federal liens attaching to property shall be foreclosed and property sold at auction; 5) Liens to be released as set forth in (a) and (b); 6) U.S. Department of Agriculture, Rural Development authorized to offer property for sale at public auction; 7) Sale subject to confirmation; 8) Proceeds of sale subjected first to payment of costs then toward satisfaction of Plaintiff's Judgment against Defendants; 9) United States to have possession of property; 10) Action continued for confirmation of sale of property, distribution of sale proceeds and for such further orders and judgments as may be necessary. Signed by Judge David L. Bunning on 7/8/2014.(TED)cc: COR, attested copies to: Rebecca Ann Fryman aka Rebecca Ann Scroggins, Michael Kevin Scroggins, Commonwealth at addresses listed in Complaint
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| ***MOTION SUBMITTED TO CHAMBERS of JUDGE BUNNING for review: re #10 MOTION for Default Judgment by United States of America MOTION for Order of Sale by United States of America (TED) |
| Filing 10 MOTION for Default Judgment by United States of America , MOTION for Order of Sale by United States of America . (Attachments: #1 Proposed Order Proposed Judgment and Order of Sale)(Dixon, Melissa) Modified removing referral on 7/8/2014 (TED). |
| Filing 9 Clerk's ENTRY OF DEFAULT as to Commonwealth of Kentucky, Rebecca Ann Fryman, Michael Kevin Scroggins cc: COR, Defs via U.S. Mail (LST) |
| Filing 8 MOTION for Entry of Default by United States of America Request for Entry of Default Motions referred to Candace J. Smith. (Attachments: #1 Affidavit of Attorney, Melissa Dixon, #2 Proposed Order Proposed Entry of Default)(Dixon, Melissa) |
| Filing 7 SUMMONS Returned Executed by United States of America via Certified Mail, Restricted Delivery to Commonwealth of Kentucky served on 5/19/2014, answer due 6/9/2014. (Attachments: #1 Supplement Certified Mail Return Receipt)(Dixon, Melissa) |
| Filing 6 SUMMONS Returned Executed by United States of America via Certified Mail Restricted Delivery to Michael Kevin Scroggins served on 5/15/2014, answer due 6/5/2014. (Attachments: #1 Supplement Certified Mail Return Receipt)(Dixon, Melissa) |
| Filing 5 SUMMONS Returned Executed by United States of America via Certified Mail, Restricted Delivery to Rebecca Ann Fryman served on 5/15/2014, answer due 6/5/2014. (Attachments: #1 Supplement Certified Mail Return Receipt)(Dixon, Melissa) |
| Conflict Check run. (TED) |
| Filing 4 Summons Issued as to Commonwealth of Kentucky, Rebecca Ann Fryman, Michael Kevin Scroggins; Summons issued and returned to counsel electronically (TED) |
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Filing 3
STANDING REFERRAL ORDER referring case to Magistrate Judge: It is ordered that the parties shall comply with paragraphs 1, 2 and 3. Signed by Judge David L. Bunning on 01/13/2011.(TED)cc: COR
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| Filing 2 Magistrate Judge Candace J. Smith chosen by random selection to handle matters that may be referred in this case. (TED) |
| Filing 1 COMPLAINT ( Filing fee $400; receipt number 0643-2903907), filed by United States of America. (Attachments: #1 Exhibit A- Assumption Agreement, #2 Exhibit B- Mortgage, #3 Exhibit C - Subsidy Repayment Agreement, #4 Exhibit D- Affidavit of Proof of Account, #5 Exhibit E - Notice of Lien, #6 Summons to be issued, #7 Civil Cover Sheet, #8 Case Assignment)(TED) |
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