Complaint — United States v. Waltraud Davis and James O. Davis (Eastern District of Pennsylvania, Document 1)

Summary

Complaint, Document 1, filed May 12, 2022 in United States of America v. Waltraud Davis and James O. Davis, Civil No. 2:22-cv-01858-TJS, U.S. District Court for the Eastern District of Pennsylvania, brought on behalf of the Rural Housing Service by specially appointed counsel. It alleges that on or about July 26, 1990 the United States loaned the defendants $95,000.00 under Title V of the Housing Act of 1949, secured by a Promissory Note and a Real Estate Mortgage, and that the note was re-amortized on April 26, 2011 in the amount of $94,358.05. It alleges default and lists a principal balance of $67,934.28. The complaint demands foreclosure and sale of the mortgaged property, and Exhibits A through E are listed.

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“Complaint — United States v. Waltraud Davis and James O. Davis (Eastern District of Pennsylvania, Document 1).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-22-cv-01858-dkt-1-e-d-pa-95aa3e0893/, SHA-256 5b28442d58e4b99ec8f56cdcf7aaddf7f762218f3b1758e75ead834e76e773e3.

Full text

Case 2:22-cv-01858-TJS Document 1 Filed 05/12/22 Page 1 of 5

UNITED STATES DISTRICT COURT

FOR THE

EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA

Plaintiff
CIVIL NO.
vs.

WALTRAUD DAVIS
JAMES O. DAVIS

Defendants

COMPLAINT

The United States of America, on behalf of its Agency, the Rural Housing

Service, by its specially appointed counsel, Rebecca A. Solarz of KML LAW GROUP,

P.C., represents as follows:

1. This Court has jurisdiction pursuant to 28 U.S.C. 1345.

2. The last-known address of the Defendants, WALTRAUD DAVIS and

JAMES O. DAVIS (“Defendants”) is 1821 Twin House Road, Oxford, PA 19363.

3. On or about July 26, 1990, at the special instance and request of

WALTRAUD DAVIS and JAMES O. DAVIS, the United States of America, acting

through the Under Secretary of Rural Development, on behalf of the Rural Housing

Service, United States Department of Agriculture, (“Plaintiff”), loaned to the Defendants

the sum of $95,000.00 pursuant to the provisions of Title V of the Housing Act of 1949,

as amended, (42 U.S.C. 1471, et seq).
Case 2:22-cv-01858-TJS Document 1 Filed 05/12/22 Page 2 of 5

4. As evidence of the indebtedness, Defendants executed and delivered to the

Plaintiff, a Promissory Note dated July 26, 1990 in the amount of $95,000.00. A true and

correct copy of the Note is attached and incorporated as Exhibit “A” (“Note”).

5. Defendants, for the purpose of securing the Plaintiff against loss, did

execute and acknowledge to the Plaintiff, on or about July 26, 1990, a Real Estate

Mortgage which granted and conveyed, and mortgaged the real property described in the

Mortgage to the Plaintiff. The Real Estate Mortgage was duly recorded on August 02,

1990 with the Office of the Recorder of Deeds, Chester County, Pennsylvania, in Book

2097 Page 12. A true copy of the Real Estate Mortgage is attached and incorporated as

Exhibit “B” (“Mortgage”).

6. The Promissory Note dated July 26, 1990 was re-amortized on April 26,

2011, in the amount of $94,358.05. A true copy of the re-amortization agreement is

attached and incorporated as Exhibit “C” (“Re-Amortization Agreement”).

7. Plaintiff is the owner and holder of the Note and Mortgage and they have

not been assigned.

8. The property secured by the Mortgage is known as 1821 Twin House

Road fka 902 Twin House Road Oxford, PA 19363 and is more fully described in the

legal description attached and incorporated as Exhibit “D” (“Property”). The property

subject to foreclosure is within the jurisdiction of this Court.

9. The Note and Mortgage are in default as Defendants have failed or refused

to comply with the provisions of the Note and Mortgage, as follows: (a) failed or refused

to pay the installments of principal and interest when due; (b) failed or refused to pay real

estate taxes when due; and (c) failed to maintain the security of the Property.
Case 2:22-cv-01858-TJS Document 1 Filed 05/12/22 Page 3 of 5

10. Due to the breaches of the provisions and conditions of the Note and

Mortgage, the Plaintiff elects to declare the entire amount of the indebtedness of the Note

and Mortgage to be immediately due and payable.

11. The amounts due and owing to Plaintiff on the Note and Mortgage are as

follows:

PRINCIPAL BALANCE $67,934.28
Interest from 04/26/2016 to 12/08/2021 at 9.25% $35,327.63
Interest Recapture $103,761.38
Late Charges $473.00
$207,496.29
Escrow / Impound Required + $3,849.99
Fees Required with Payoff Funds + $4,265.48
Fees Currently Assessed + $17,122.66
$232,734.42

12. Notice of Intention to Foreclose pursuant to Act 6 of 1974, Notice of

Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983 (as

amended in 2008), and/or Notice of Intention to Foreclosure as required by the terms of

the Mortgage, as applicable, have been sent to the Defendant(s). Copies of the notice(s),

redacted to remove confidential account information, are attached hereto as Exhibit "E"

and made a part hereof.

13. No other action has been brought at law or in equity to enforce the

provisions of the Note and Mortgage, and that all conditions precedent to the bringing of

the action have been performed or have occurred. Plaintiff has complied with the

requirements of 7 C.F.R. 3550.207.

WHEREFORE, the Plaintiff demands judgment as follows:

Defendants and every person whose conveyance or encumbrance is subsequent or

subsequently recorded, be forever barred and foreclosed of all rights, claims, lien, and
Case 2:22-cv-01858-TJS Document 1 Filed 05/12/22 Page 4 of 5

equity of redemption in the mortgaged premises; the Property may be decreed to be sold

according to law; the monies arising from the sale be brought into Court; Plaintiff be paid

the amount adjudged due with interest thereon to the time of such payment, together with

costs and expenses of this action and expenses of the sale so far as the amount of such

money applicable thereto will pay the same; the Plaintiff shall have such other and

further relief, or both, in the property as shall be just and equitable.

United States of America by and through
its specially assigned counsel
KML Law Group, P.C.

By:_/s/Rebecca A. Solarz, Esq.____
Rebecca A. Solarz
701 Market Street
Suite 5000
Philadelphia, PA 19106-1532
(215)825-6327
(215)825-6443
RSolarz@kmllawgroup.com
Case 2:22-cv-01858-TJS Document 1 Filed 05/12/22 Page 5 of 5

UNITED STATES DISTRICT COURT

FOR THE

EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA

Plaintiff CIVIL NO.

vs.

WALTRAUD DAVIS
JAMES O. DAVIS

Defendants

EXHIBITS

“A” NOTE
“B” MORTGAGE
“C” RE-AMORTIZATION AGREEMENT
“D” PROPERTY
“E” NOTICE OF INTENTION TO FORECLOSE and NOTICE OF
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM

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