Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Tucker

December 8, 2005

UNITED STATES OF AMERICA, PLAINTIFF,
v.
AMBER TUCKER AND MARION COUNTY TREASURER, DEFENDANTS.



The opinion of the court was delivered by: Murphy, Chief District Judge

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

An order of default having been entered against Defendants, the Court GRANTS the motion for default judgment and finds as follows:

1. The Court has jurisdiction of the parties to and subject matter of this suit. The Defendants were properly served and failed to answer or otherwise enter any appearance. The Clerk entered default against them on October 13, 2005 (see Doc. 13).

2. The United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loan to Amber L. Tucker, secured by mortgages dated December 14, 1999, and May 4, 2000, in the total principal amount of $57,700.00 (Exs. A and B). This loan is evidenced by a promissory note dated December 14, 1999 (Ex. C). On December 15, 2003, date of notice of acceleration, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Ex. D). The mortgages were recorded on December 20, 1999, and May 8, 2000.

3. The Marion County Treasurer may have claimed an interest in the above-described property but is foreclosed from asserting its claim, if any, because of its default.

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

Common address: 202 South Fayette, Sandoval, Illinois 62882 A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 18, Township 2 North, Range 1 East of the Third Principal Meridian, more particularly described as follows: Commencing at an existing stone located at the Northwest corner of Lot 16, Block 2 of the Middleton's Addition to Sandoval, Illinois, thence in a Westerly direction a distance of 30 feet to the point of beginning, thence due South assumed, a distance of 120 feet, thence South 88~ 32'37" West, a distance of 143 feet, thence North 00~ 03'15" West, a distance of 123.75 feet, thence South 89~ 59'08" East, a distance of 143 feet to the point of beginning, situated in the Village of Sandoval, County of Marion, in the State of Illinois.

5. By virtue of the mortgage and the indebtedness thereby secured, as alleged in the Complaint, there is due Plaintiff 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 . . . . $280.00 U.S. Marshals costs for service of summons . . . $185.22 Title expenses $263.00 TOTAL $728.22

(b) For the use and benefit of 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 .................. $58,026.38 Subsidy recapture paid .................... $4,925.56 Unpaid balance of interest as of October 25, 2005 $14,004.63 Total amount due Plaintiff as of October 25, 2005, exclusive of foreclosure costs .............. $76,956.57

(c) In addition, 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 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.