Omdahl
United States v. Omdahl
Opinion
Lead Opinion
Browning, J.
Appellee, the United States, brought this action to foreclose on Appellants’ mortgage when Appellants defaulted on the promissory notes owed to the United States through the Farmers Home Administration (FmHA). The district court granted summary judgment for the United States and entered- a decree of mortgage foreclosure. Appellants brought this timely appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.
I
In July 1982, Appellants executed two promissory notes to the United States, through FmHA in the amounts of $66,270.00 and $28,730.00, to be paid annually, over twenty-one years. As security for the notes, Appellants mortgaged three parcels of land, described as parcels A, B, and C. At the time of the mortgage, Appellants were full owners of Parcels A and C, but co-owned Parcel B along with Lawrence and Bernice Hansen, husband and wife. Appellants were able to pay only the first two installments on each note, and defaulted on the installments due January 1, 1986. They, have not made payment on the notes since 1984.
In 1989, the FmHA County Supervisor presented Appellants with a proposal to write down their debt to a manageable amount. The amount offered to…