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United States v. Reavis

February 15, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CYNTHIA M. REAVIS, DEFENDANT.



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

JUDGMENT DECREE AND ORDER DIRECTING SALE

Defendant was defaulted by the Clerk on September 29, 2005 (see Doc. 7). The United States now moves for entry of a default judgment. The motion (Doc. 9) is GRANTED, and IT IS ORDERED AND ADJUDGED:

1. This Court has jurisdiction over the parties to and subject matter of this suit. Defendant was properly served and failed to answer or otherwise enter any appearance.

2. The United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loan to Kevin Paul Sandifer, secured by a mortgage dated February 14, 1986, in the total principal amount of $42,000.00. (Ex. A).*fn1 The loan to Kevin Paul Sandifer is evidenced by a promissory note dated February 14, 1986. This loan was assumed by Cynthia M. Reavis, and she executed a note in the amount of $44,500.00 on June 16, 1988. The loan to Cynthia M. Reavis is evidenced by a promissory note dated June 16, 1988. On June 16, 1988, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration. The mortgages were recorded in Mortgage Record Book 243, Page 171-174, as Document Number 51852 on February 14, 1986, and recorded in Mortgage Record Book 8, Page 107-110, as Document Number 58472 on June 16, 1988, in Bond County, Illinois.

3. Cynthia M. Reavis may have claimed an interest in the above described property, but she is foreclosed from asserting her claim, if any, because of her default in this action.

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

Common address: 712 Vine Street, Greenville, IL 62246 Lot 3 in Douglas Place Addition to the City of Greenville, situated in Bond County, Illinois

5. By virtue of the mortgage and the indebtedness thereby secured, as alleged in the complaint, Plaintiff, the United States of America, is due the following:

(a) For its own use and benefit for the costs of this suit and for: U.S. Attorney's docket and recording fees . . . . $288.00 U.S. Marshals' costs for service of summons . . $129.01 Title expenses .......................... $237.00 TOTAL . . . . . . . . ....................... $654.01

(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 .................. $39,102.47 Subsidy recapture paid .................... $3,815.13 Accrued interest at $9.6547 per day due and unpaid as of October 25, 2005 .............. $8,190.71 Total amount due Plaintiff as of October 25, 2005, exclusive of foreclosure costs ......... $51,108.31

(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 ...


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