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United States v. Payne

November 18, 2005

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JESSE PAYNE, JR., AND SHAWNDA TOWNSEND N/K/A SHAWNDA PAYNE, DEFENDANTS.



The opinion of the court was delivered by: J. Phil Gilbert United States 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 been properly served and having failed to answer or otherwise enter any appearance herein, although the time for answering having 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 Jesse Payne, Jr., and Shawnda Townsend n/k/a Shawnda Payne, secured by a mortgage dated December 21, 1998, in the total principal amount of $37,370.00 (Ex. A). This loan is evidenced by a promissary note dated December 21, 1998 (Ex. B). On December 21, 1998, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued notices of acceleration (Ex. C). The property has been abandoned as set forth in the affidavit of abandonment dated June 28, 2004 (Ex. D). The mortgage was recorded in Mortgage Record Cabinet 6, Drawer 1, Instrument No. 1704, in Jefferson County, Illinois, on December 21, 1998.

3. That the following are names of persons 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: Jesse Payne, Jr., and Shawnda Townsend n/k/a Shawnda Payne.

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: 603 S. 20th Street, Mt. Vernon, Illinois 62864 Lot 152 and the North 5 feet of Lot 153 in Casey and Mannen's Orchard Park Addition, situated in JEFFERSON COUNTY, ILLINOIS. Subject to all public and private roads and easements.

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 ..... $182.00 U.S. Marshals costs for service of summons . . . $301.17 Postage . . . . . . . . . . . . ................... $5.57 Title expenses . . . . . . .................... $223.00 TOTAL $711.74 .74

(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 mentioned in subparagraph (a) of this paragraph: Unpaid principal balance .................. $39,480.44 Subsidy recapture paid .................... $1,012.80 Accrued interest at $6.6137 per day due and unpaid as of April 19, 2005 ................ $7,920.72 Total amount due plaintiff as of April 19, 2005, exclusive of foreclosure costs .............. $48,413.96

(c) In addition, the plaintiff may be compelled to advance various sums of money in payment of costs, fees, expenses, and disbursements incurred in connection with the foreclosure, including, without limiting the generality of the foregoing, filing fees, stenographer's fees, witness fees, costs of publication, costs of procuring and preparing documentary evidence, and costs of procuring abstracts of title, certificates, foreclosure minutes, and a title insurance policy.

(d) Under the terms of the mortgage, all such advances, costs, and other fees, expenses and disbursements are made a lien upon the mortgaged real estate and the plaintiff is entitled to recover all such advances, costs, expenses, and disbursements, together with interest on all advances at the rate provided in the mortgage, or, if no rate is provided therein, at the statutory judgment rate, from the date on which such advances are made.

(e) In order to protect the lien of the mortgage, it may or has become necessary for plaintiff to pay taxes and assessments which have been or may be levied upon the mortgaged real estate.

(f) In order to protect and preserve the mortgaged real estate, it may also become necessary for the plaintiff to make such repairs to the real estate as may reasonably ...


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