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United States v. Burke

January 23, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DAVID N. BURKE, ILLINOIS COMMUNITY ACTION ASS'N, CITIFINANCIAL SERVICES, INC., UNKNOWN OWNERS AND NON-RECORD CLAIMANTS, DEFENDANTS.



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

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

This cause comes before the Court on Plaintiff's complaint, and an order of default has been entered against Defendants. The Court finds as follows:

1. That it has jurisdiction of the parties to and subject matter of this suit. Defendants each have been properly served and have failed to answer or otherwise enter any appearance herein, and the time for answering has expired. Therefore, they 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 David N. Burke, secured by a mortgage dated June 1, 1994, in the total principal amount of $29,280.00 (Ex. A). This loan is evidenced by a promissory note dated June 1, 1994 (Ex. D). On April 16, 2003, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Ex. F). The property has been abandoned as set forth in the affidavit of abandonment dated October 29, 2004 (Ex. G). The mortgage was recorded in Mortgage Record Book 1031, Pages 295-298, as Document No. 130054, Saline County, Illinois.

3. That the following are the names of persons and entities who may have claimed an interest in the above described property, but who are foreclosed from asserting their claims, if any, because of their default in this action: David N. Burke, Illinois Community Action Association, Citifinancial Services, Inc., Unknown Owners and Non-Record Claimants.

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

Common address: 1416 South Delmar Street, Harrisburg, Illinois 62946 The South One-half (S 1/2 ) of the West One-half (W 1/2 ) of Block Eight (8) in G.H. Dorris' Second Sub-division to Dorrisville, now within the corporate limits of the City of Harrisburg, being a part of the Northwest Quarter (NW 1/4 ) of the Southwest Quarter (SW 1/4 ) of Section Twenty-One (21) Township Nine (9) South, Range Six (6) East of the Third Principal Meridian, Saline County, Illinois EXCEPT the coal underlying said premises together with the right to mine and remove the same. Subject, however, to all valid outstanding easements, rights-of-ways, mineral leases, mineral reservations and mineral conveyances of record. Situated in Saline County, Illinois.

5. That 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 . . . . $181.00 Postage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5.57 U.S. Marshals costs for service of summons . . . $378.95 Fee to publish notice of pendency of action . . . $394.20 Title expenses .......................... $200.00 TOTAL $1,159.72

(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 .................. $31,342.16 Subsidy recapture paid .................... $8,707.86 Accrued interest at $6.2977 per day due and unpaid as of September 30, 2005 ............ $5,319.43 Total amount due Plaintiff as of September 30, 2005, exclusive of foreclosure costs .............. $45,369.45

(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 levied upon the mortgaged real estate.

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


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