Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Kennedy

United States District Court, W.D. Louisiana, Monroe Division

February 16, 2018

UNITED STATES OF AMERICA
v.
WILLIE CHARLES KENNEDY AND BARBARA W. KENNEDY

          KAREN L. HAYES Judge.

          RULING

          ROBERT G. JAMES UNITED STATES DISTRICT JUDGE.

         This is 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.

         Pending 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].

         For the following reasons, the motion is GRANTED, and Judgment is entered in favor of the United States.

         I. FACTS

         On 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[1], are attached as Exhibit 1 to the Complaint. [Doc. No. 1, Exh. 1].

         To 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

         The 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. 3].

         Defendants 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.

         To 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.

         On May 17, 2017, Defendants filed an Answer.

         On May 18, 2017, the United States filed the instant Motion ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.