Las Brisas, S.E. v. Department of Agriculture Farmer's Home Administration

OPINION AND ORDER

ACOSTA, District Judge.

This action involves the claims of two creditors vying for preference of their respective liens encumbering a debtor’s property. Plaintiff, as current holder of a second mortgage, is attempting to displace defendant whose mortgage is registered as a first lien.

Additionally, plaintiff contends that the Government illegally failed to transmit to it all excess amounts received from an assignment of rents paid by the debtor’s lessee.

I.UNCONTESTED FACTS

The following facts are not in controversy. 1

1. Plaintiff LAS BRISAS S.E., is a special partnership, duly…