UNITED STATES OF AMERICA v. COMANCHE COUNTY TREASURER COMANCHE COUNTY BOARD OF COUNTY COMMISSIONERS

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United States Court of Appeals, Tenth Circuit.

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ALMA L. WAUGH, Defendant - Appellant, COMANCHE COUNTY TREASURER; COMANCHE COUNTY BOARD OF COUNTY COMMISSIONERS, Defendants.

No. 17-6171

Decided: November 24, 2017

Before HARTZ, HOLMES, and BACHARACH, Circuit Judges.

ORDER AND JUDGMENT*

Defendant Alma L. Waugh appeals from the foreclosure judgment entered against her by the United States District Court for the Western District of Oklahoma. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

In 1993, Ms. Waugh executed a promissory note for $42,280.00 to the Farmers Home Administration, secured by a mortgage on her home. After she failed to make required payments, the United States brought suit to foreclose on Ms. Waugh's note and mortgage. It filed a motion for summary judgment supported by the note, the mortgage, an affidavit, and an itemization of the amount due. Ms. Waugh did not respond in opposition to the motion; and the court reviewed the record and granted the motion.

We review the district court's grant of summary judgment de novo, viewing all facts in the light most favorable to the nonmovant. See Fye v. Okla. Corp. Comm'n, 516 F.3d 1217, 1222–23 (10th Cir. 2008). Summary judgment is appropriate “if the movant shows that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). We see no error in granting the judgment. Ms. Waugh cites no record evidence that calls into question the validity of the note or the mortgage, or her failure to pay what she was required to pay.

We AFFIRM the district court's grant of summary judgment.

Entered for the Court

Harris L Hartz Circuit Judge