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United States v. Spicer

November 16, 2005

UNITED STATES OF AMERICA, PLAINTIFF,
v.
WILLIAM J. SPICER AND SHERRIE A. SPICER A/K/A SHERRIE ANNETTE SPICER N/K/A SHERRIE CHANEY, DEFENDANTS.



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 defendants, the Court finds:

1. That it has jurisdiction of the parties to and subject matter of this suit. The defendants have each been properly served, and having failed to answer or otherwise enter any appearance herein, although the time for answering has expired, are 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 William J. Spicer and Sherrie A. Spicer a/k/a Sherrie Annette Spicer n/k/a Sherrie Chaney, secured by a mortgage dated May 9, 1994, in the total principal amount of $27,880.00 (Ex. A). This loan is evidenced by promissory notes dated May 9, 1994 (Ex. B) and August 1, 2001 (Ex. C). On April 29, 2004, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Ex. D). The property has been abandoned as set forth in the affidavit of abandonment (Ex. E) dated December 1, 2004. The mortgage was recorded in Mortgage Record Book 284, pages 501-504, as Document No. 2869, Wayne County, Illinois.

3. That the following are the names of person who that may have claimed an interest in the above described property, but who are foreclosed from asserting their claim, if any, because of their default in this action: William J. Spicer and Sherrie A. Spicer a/k/a Sherrie Annette Spicer n/k/a Sherrie Chaney. ..................

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: South Street, POB 237, Cisne, Illinois 62837

Lot 69 and the West Half of Lot 68 in the original town, now the Village of Cisne, in Section 21, Township 1 North, Range 7 East of the Third Principal Meridian, Wayne County, Illinois.

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 . . $286.00

Title expenses $437.50

TOTAL $723.50

(b) For the use and benefit of the plaintiff, holder of the note secured by the mortgage aforesaid, but subject and subordinate to the lien for payment of the items ...


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