United States District Court, W.D. Louisiana, Monroe Division
L. HAYES Judge.
G. JAMES UNITED STATES DISTRICT JUDGE.
an action brought by the United States of America (“the
United States”), acting through the Farmers Home
Administration (“FmHA”), now known as the Farm
Service Agency (“FSA”), of the United States
Department of Agriculture (“USDA”), against
Defendants Willie Charles Kennedy and Barbara W. Kennedy
(“the Kennedys”), to obtain an in rem
judgment on the basis of certain promissory notes
(“Notes”). The United States also seeks
recognition and maintenance of certain acts of mortgage
securing payment of the notes covering immovable property
located in West Carroll Parish, State of Louisiana.
before the Court is a Motion for Summary Judgment [Doc. No.
6] filed by the United States. The motion is unopposed,
although the Kennedys, acting pro se, have filed
numerous other motions and memoranda in this matter, all of
which have been resolved. See [Doc. Nos. 9, 12, 17,
28, 35, 38, 43 & 45].
following reasons, the motion is GRANTED, and Judgment is
entered in favor of the United States.
March 14, 2017, the United States filed a Complaint against
the Kennedys to enforce its rights as holder in due course of
at least three promissory notes (“the Notes”)
executed by Defendants and made payable to the order of the
United States, acting through the FmHA, now FSA. The Notes,
dated March 31, 2005; June 20, 2003; April 2, 2002; October
15, 1999; September 7, 1989; March 31, 2005; June 20, 2003;
April 2, 2002; April 2, 2001; and June 7, 2006, are attached as Exhibit 1
to the Complaint. [Doc. No. 1, Exh. 1].
secure payment of the notes, Defendants executed the
following acts of mortgage covering the property located in
West Carroll Parish, Louisiana and filed in the official
records of that parish:
September 7, 1989
Mortgage Book 154, page 734
April 2, 2001
Mortgage Book 193, page 567
July 2, 2003
Mortgage Book 205, page 490
May 18, 2004
Mortgage Book 209, page 755
April 1, 2005
Mortgage Book 214, page 567
acts of mortgage are also attached to the Complaint as
Exhibit 2. [Doc. No. 1, Exh. 2]. The Notes and acts of
mortgage have been confirmed and verified through the
affidavit of Craig McCain, the State Executive Director of
the FSA. [Doc. No. 6, Exh. 1]. The acts of mortgage have also
been confirmed through the affidavits of the farm loan
managers who signed on behalf of the FSA. [Doc. No. 6, Exh.
defaulted on the Notes, and, therefore, the United States
exercised its right to accelerate the maturity of the unpaid
principal and interest on February 26, 2016, but the Kennedys
have not pay the demand.
satisfy the outstanding balance, the United States seeks an
in rem judgment for the amounts owed on the Notes,
plus interest and costs. The United States further prays for
judgment recognizing the acts of mortgage on the affected
property, that the property be sold without appraisement, and
that the proceeds of the sale be paid to the United States in
the amount of its claim, in preference to all others.
17, 2017, Defendants filed an Answer.
18, 2017, the United States filed the instant Motion ...