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United States v. Estate of Stowers

February 13, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ESTATE OF GARY L. STOWERS, TRACEY ASBURY, TERESA RUFF, NATIONAL CITY BANK F/K/A FIRST OF AMERICA BANK NA, UNKNOWN HEIRS AND LEGATEES, AND NON-RECORD CLAIMANTS, 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 each been properly served or have waived service 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 Gary L. Stowers, secured by a mortgage dated September 25, 1991 (Ex. A of the complaint), in the total principal amount of $31,500.00. The mortgage was recorded on September 25, 1991. That loan is evidenced by a promissory note dated September 25, 1991. Defendant, Gary L. Stower, defaulted on the note. On March 27, 2003, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Ex. C). The property has been abandoned as set forth in the affidavit of abandonment (Ex. D) dated June 16, 2003.

3. That the following are the names of persons who 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: Estate of Gary L. Stowers, Tracey Asbury, Teresa Ruff, National City Bank f/k/a First of America Bank NA, Unknown Heirs and Legatees, and Non-Record Claimants.

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: 611 East Main, Du Quoin, Illinois 62832 Lot 4 in Block 11 in S.B. Eaton's Addition to the City of Du Quoin, Perry 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 ..... $271.00

U.S. Marshals costs for service of summons . . . $126.04

Fee to publish notice of pendency of action . . . $608.82

Title expenses ...


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