Journal Entry of Judgement of Foreclosure - Shirley RodriquezMillsap & Singer, LLC
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913)339-9132
(913) 339-9045 (fax)
IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS
CIVIL DEPARTMENT
PennyMac Loan Services, LLC ) Case No.SA-2024-CV-000057
Plaintiff, ) Court No.
VS. ) Title to Real Estate Involved
Shirley K. Rodriquez, et al. ) Pursuant to K.S.A. §60
Defendants, )
JOURNAL ENTRY OF JUDGMENT OF FORECLOSURE
At this time, the above matter comes regularly on for hearing. Plaintiff appears by and
through its attorney, Millsap & Singer, LLC. There are no other appearances.
The Court examines the pleadings and files in the above -entitled cause and finds that
each of the Defendants have been served, or have otherwise voluntarily entered their
appearances, and the method of service is approved by the Court. Shirley K. Rodriquez
(Deceased), Jane Doe aka Tyler Rodriguez, John Doe aka Joseph Prescher, City of Salina,
Kansas, Allan Baker, Janel Jackson, Amanda Neef, Charolette Everhart, Melissa Rodriquez,
Felicia Higgins, and Unknown Heirs of Shirley K. Rodriquez (Deceased) have failed to answer
or otherwise properly plead to Plaintiffs Petition and are in default. None of the defendants are
subject to the provisions or under the purview of the Servicemembers Civil Relief Act of 2004,
as amended.
The Court makes the following findings of fact:
MS File No. 217789.437101 KJFC
1. Proper service has been had upon all of the parties named in the Petition and this
Court is the proper venue to hear this matter. Defendants Jane Doe aka Tyler Rodriguez, John
Doe aka Joseph Prescher, Allan Baker, and Unknown Heirs of Shirley K. Rodriquez (Deceased)
were served by residential service on March 19, 2024. Defendants Shirley K. Rodriquez
(Deceased), Amanda Neef, Charolette Everhart, Melissa Rodriquez, Felicia Higgins and Janel
Jackson were served by publication which began April 14, 2024, ran for three consecutive
weeks, and ended April 28, 2024. Defendant, City of Salina, Kansas was served by personally
servicing the City Clerk on March 20, 2024. The Court has jurisdiction over the parties and
subject matter of the litigation. Further, the time to answer or otherwise properly plead to the
Petition has expired as to each and all of the Defendants who have not fled an Answer or other
proper pleadings.
2. Proper Notice of Suit was published in Salina311 and the publication is approved
by the Court.
3. By virtue of the promissory note (the "Note") described in Plaintiff's Petition,
there is due and owing to Plaintiff the following:
a) Unpaid balance of $69,869.15 with interest on any unpaid
principal from May 29, 2024 at 4.6250% until the date of
judgment;
b) Filing fee in the amount of $199.66 plus service costs;
c) The costs of publication of the Notice of Suit in the amount of
$480.00;
d) Title evidence in the amount of $225.00;
MS File No. 2177`39.437101 KJFC
e) All sums previously advanced or to be advanced by Plaintiff
prior to sale for any additional costs related to this action,
including but not limited to, recording costs, Sheriff Sale
publications, real estate taxes, or property insurance premiums
advanced or to be advanced;
i) All sums paid by Plaintiff or due from the Defendant prior to
sale for recoverable late charges, insufficient funds charges,
property inspections, maintenance expenses, additional legal fees,
or other costs of the action, if applicable;
g) Attorney fees in the amount of $2,700.00.
4. The Note is secured by a mortgage (the "Mortgage"), marked as an exhibit and
attached to Plaintiff's Petition. The Mortgage is a first and prior lien on the following -described
real property:
LOT TWENTY-FOUR (24), BLOCK FOUR (4) FOX RUN ADDITION TO THE CITY
OF SALINA, SALINE COUNTY, KANSAS.
Parcel ID No. 085-131-02-0-20-02-006.00-0 (the "Property").
5. The redemption period shall not exceed 3 months for all Defendants.
6. Following the Sheriffs sale, and any applicable redemption period, Shirley K.
Rodriquez (Deceased), Unknown Heirs of Shirley K. Rodriquez (Deceased), Jane Doe aka Tyler
Rodriguez, John Doe aka Joseph Prescher, Allan Baker, Amanda Neef, Charolette Everhart, City
of Salina, Kansas, Felicia Higgins, Janel Jackson and Melissa Rodriquez shall be forever barred
from claiming any right, title or interest in and to the Property.
7. Plaintiffs Mortgage should be declared a first and prior lien against the Property,
MS File No. 217789.437101 KJFC
subject only to any due and owing real estate taxes. Plaintiffs Mortgage should be foreclosed,
and the Court should order and direct the sale of the Property according to law for the
satisfaction of the judgment due Plaintiff and against the Property after the application of the
proceeds of the sale.
IT IS CONSIDERED, ORDERED, ADJUDGED AND DECREED BY THE COURT
that the findings are made the orders of this Court.
IT IS FURTHER BY THE COURT ORDERED that Plaintiff have and recover an in
rem judgment against the Property for the following items:
a) Unpaid balance of $69,869.15 with interest on any unpaid
principal from May 29, 2024 at 4.6250% until the date of
judgment;
b) Filing fee in the amount of $199.66 plus service costs;
c) The costs of publication of the Notice of Suit in the amount of
$480.00;
d) Title evidence in the amount of $225.00;
e) All sums previously advanced or to be advanced by Plaintiff
prior to sale for any additional costs related to this action,
including but not limited to, recording costs, Sheriff Sale
publications, real estate taxes, or property insurance premiums
advanced or to be advanced;
f) All sums paid by Plaintiff or due from the Defendant prior to
sale for recoverable late charges, insufficient funds charges,
.14S File No. 217789.437101 KJFC
property inspections, maintenance expenses, additional legal fees,
or other costs of the action, if applicable;
g) Attorney fees in the amount of $2,700.00.
Plaintiff is granted judgment for any sums advanced or to be advanced by Plaintiff prior
to the date of sale for real estate taxes and hazard insurance premiums, property preservation
costs, and the costs of the sale, including publication charges. These judgments are to bear
interest at the highest rate provided by law until paid.
IT IS FURTHER BY THE COURT ORDERED that unless these judgments are satisfied
within fourteen (14) days from the date of this order, an Order of Sale shall issue on the
judgments of foreclosure ordering the Sheriff of Saline County, Kansas, to sell the Property.
After the sale the Sheriff shall issue a Certificate of Purchase to the purchaser of the Property
which shall entitle the purchaser to a Sheriff's Deed covering the Property at the expiration of 3
months from the date of sale, subject to redemption as provided by law. The proceeds derived
from the foreclosure sale shall be applied as follows:
1St. To the payment of the costs of this action including the costs of sale;
2°d To the payment of any real property taxes that may be due and payable at the date of sale;
3`d. To the payment of Plaintiffs judgment with interest, and the costs and expenses of this
suit;
4th. The residue, if any, to be paid to the Clerk of the District Court of Saline County, Kansas,
to await the further order of this Court.
IT IS FURTHER BY THE COURT ORDERED that from and after the sale, and once the
sale is confirmed, and upon the failure of the Defendants to redeem in accordance with law, then
each and all of the Defendants shall be barred and foreclosed from all right, title, interest or
MS File No. 217789.437101 KJFC
equity of redemption with respect to the Property.
IT IS FURTHER BY THE COURT ORDERED that once the sale is concluded and
confirmed, the Sheriff of Saline County, Kansas, is ordered and directed to execute and deliver to
the purchaser at the sale a Certificate of Purchase containing the recitals required by law, and
after the period of redemption set forth above, if the Property is not redeemed, then the Sheriff of
Saline County, Kansas, shall execute and deliver to the holder of the Certificate of Purchase, or
assigns, a good and sufficient Sheriff's Deed conveying the Property to the purchaser or assigns.
IT IS FURTHER BY THE COURT ORDERED that upon request of the holder of the
Sheriffs Deed, the Clerk of the Court shall issue to the Sheriff of Saline County, Kansas, a writ
of assistance directing the Sheriff to place the holder of the Sheriff's deed in the possession of
the Property and improvements.
IT IS FURTHER BY THE COURT ORDERED that Plaintiff, its agents and employees,
shall be authorized to release information and otherwise communicate with third parties
regarding the debt and the Property, all in conformity with the Fair Debt Collection Practices
Act, 15 U.S.C. § 1692c(b).
This Order is effective as of the date and time shown on the electronic file stamp.
Prepared and submitted by:
MILLSAP & SINGER, LLC
By: /s/ Dwayne A. Duncan
Dwayne A. Duncan, 427533
dduncan@msfirm.com
612 Spirit Dr.
St. Louis, MO 63005
(636) 537-0110
(636) 537-0067 (fax)
ATTORNEYS FOR PLAINTIFF
%IS File No 217789.437101 KJFC
CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing was mailed by U.S. Mail, postage prepaid on
May 29, 2024 to the following:
Unknown Heirs of Shirley K. Rodriquez
Allan Baker
(Deceased)
873 Willow Dr
1214 Crescent Dr
Salina, KS 67401
Salina, KS 67401
Amanda Neef
Unknown Heirs of Shirley K. Rodriquez
720 Frey Dr
(Deceased)
Manhattan, KS 66502
2905 Nugget Rd
Longford, KS 67458
Charolette Everhart
3203 Foxboro Dr
Jane Doe aka Tyler Rodriguez
Salina, KS 67401
1214 Crescent Dr
Salina, KS 67401
City of Salina, Kansas
300 W Ash St
John Doe aka Joseph Prescher
Salina, KS 67402
1214 Crescent Dr
Salina, KS 67401
Felicia Higgins
801 N Barber St
McPherson, KS 67450
/s/ Dwayne A. Duncan
Dwayne A. Duncan
MS File No. 217789.43710 t KIFC