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United States v. Moreno

May 10, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DEBRA K. MORENO F/K/A DEBRA K. PEEK, DEFENDANT.



The opinion of the court was delivered by: David RHerndon 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 defendant, the court finds:

1. That it has jurisdiction of the parties to and subject matter of this suit. The defendant has been properly served, and having failed to answer or otherwise enter any appearance herein, although the time for answering has expired, is ordered defaulted.

2. That United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loan to Debra K. Moreno f/k/a Debra K. Peek, secured by a mortgage dated March 3, 1998 (Ex. A of the complaint), in the total principal amount of $30,870.00. The mortgage was recorded in Document No. 1998R1847. That loan is evidenced by a promissory note dated March 3, 1998 (Ex. B). Defendant, Debra K. Moreno f/k/a Debra K. Peek, defaulted on the note. On January 18, 2005, 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 dated March 29, 2005 (Ex. D).

3. That the following is the name of a person who may have claimed an interest in the above described property, but who is foreclosed from asserting her claim, if any, because of her default in this action: Debra K. Moreno f/k/a Debra K. Peek

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: 922 East Broadway, Centralia, Illinois 62801 Lot 8 of Block 1 of Parkside Subdivision No. 2 of Watson's Place Addition to the City of Centralia, Marion County, Illinois.

Tax I.D. # 14-00-064-175

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 $280.00 U.S. Marshals costs for service of summons $90.36 Title expenses $251.00 TOTAL ... ... ... ... ... ... ... . $621.36

(b) For the use and benefit of the 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 . . . . . . . . . . . . $40,201.40 Subsidy recapture paid . . . . . . . . . . . . . . $8,934.48 Accrued interest at $7.471 per day due and unpaid as of February 8, 2006 . . . . . . . . $3,275.88 Total amount due plaintiff as of February 8, 2006, exclusive of foreclosure costs . . . . . . . . . $52,411.76

(c) In addition, the 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 the 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 ...


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