United States District Court, C.D. Illinois, Springfield Division
December 21, 2005.
UNITED STATES OF AMERICA, Plaintiff,
JEFFREY A. GRADY and MELISSA B. GRADY, Defendants.
The opinion of the court was delivered by: RICHARD MILLS, Senior District Judge
This case is before the Court on the Plaintiff's motion to
Plaintiff United States of America has moved, pursuant to Rule
12 of the Federal Rules of Civil Procedure and Chapter 735,
Section 5/15-1506, of Illinois Compiled Statutes, for judgment
for the relief prayed in the complaint for foreclosure of
mortgage. The docket shows that the Defendants, Jeffrey A. Grady
and Melissa B. Grady, were served with summons and complaint. However, they did not serve an answer or
otherwise respond to the complaint.
On November 4, 2005, the Plaintiff moved for entry of default.
The Defendants did not respond to the motion. On November 21,
United States Magistrate Judge Charles H. Evans entered a default
against the Defendants for failure to appear, answer, or
otherwise plead in the time and manner provided by the Federal
Rules of Civil Procedure and the Rules of this Court. Judge Evans
ordered the Plaintiff to file a motion for a default judgment
within fourteen days of the Order of Default. That motion is now
before the Court.
The Plaintiff's motion includes the affidavit of Douglas
Wilson, the State Director for Rural Development, formerly
Farmers Home Administration, United States Department of
Agriculture. Mr. Wilson states that he is familiar with the
allegations in the Complaint for Foreclosure filed by the
Plaintiff, and those allegations are true. He claims that as of
October 18, 2005, the Defendant-mortgagors are in arrears in the
payments due the Plaintiff in the amount of $7,101.99. Mr. Wilson further states that the Defendants are indebted to
the Plaintiff in the following amounts under the terms of a loan
secured by mortgage described in the complaint, in addition to
the Plaintiff's attorney's fees incurred which are to be fixed by
Unpaid Balance of Principal $34,179.47
Unpaid Balance of Interest $ 2,728.62
Escrow Shortage $ 741.33
Late Charges $ 29.76
Court Costs Paid to Date $ 604.85
Daily Accrual $6.7890
The Plaintiff also claims that to the best of its information,
the Defendants are not infants or incompetent persons and not in
the military service of the United States within the purview of
the Servicemembers Civil Relief Act of 2003.
The Defendants have not responded to the Plaintiff's motion to
enter judgment. The material factual allegations of the Complaint
for Foreclosure have, therefore, been established via affidavit.
Accordingly, the Plaintiff is entitled to a judgment of
foreclosure pursuant to 735 LCS 5/15-1506.
Ergo, the Plaintiff's motion for judgment [d/e 12] is
ALLOWED. The Clerk of Court will enter a judgment of foreclosure as requested
in the Plaintiff's complaint.
© 1992-2006 VersusLaw Inc.