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United States v. Buchanan

November 16, 2005

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ELIZABETH GAIL BUCHANAN, DEFENDANT.



The opinion of the court was delivered by: James L. Foreman District Judge

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY.

This cause coming on to be heard upon the plaintiff's complaint, and an order of default having been entered against the defendant, the Court finds:

1. That it has jurisdiction of the parties to and subject matter of this suit. The defendant has been properly served, and having failed to answer or otherwise enter any appearance herein, although the time for answering has expired, is ordered defaulted.

2. The United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loan to Elizabeth Gail Buchanan, secured by a mortgage dated October 5, 1998, in the total principal amount of $60,870.00 (Ex. A). This loan is evidenced by a promissory note dated October 5, 1998 (Ex. B). On December 28, 2001, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Ex. C). The mortgage was recorded in Mortgage Record Cabinet 5, Drawer 10, Instrument 3233 as Document No. 08752, Jefferson County, Illinois.

3. That the following is the name of a person who that may have claimed an interest in the above described property, but who is foreclosed from asserting her claim, if any, because of her default in this action: Elizabeth Gail Buchanan.

4. That by virtue of the mortgage and indebtedness thereby secured, the plaintiff, United States of America, has a valid and subsisting lien as follows:

Common address: 903 York Street, Mt. Vernon, Illinois 62864

Lot Two (2) in Holloway's First Addition being a subdivision of a part of the South Half of 15 acres off the West side of 30 acres off the North side of the Northeast Quarter of the Southeast Quarter in Section 28, Township 2 South, Range 3 East of the Third Principal Meridan, as more particularly shown in the Plat Record in Cabinet 1, Drawer J, Instrument No. 3938 in the Recorder's Office of Jefferson County, Illinois; situated in the County of Jefferson, in the State of Illinois. Subject to all public and private roads and easements.

Permanent Index No. 56-2-499-03

5. That by virtue of the mortgage and the indebtedness thereby secured, as alleged in the complaint, there is due the plaintiff, the United States of America, as follows:

(a) For its own use and benefit for the costs of this suit and for:

U.S. Attorney's docket and recording fees $282.00

Title expenses ...


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