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United States v. Estate of Duncun

May 23, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ESTATE OF CAROLYN S. DUNCAN (DECEASED), DONALD J. BLEE, CHRISTOPHER SCOTT SIVIA, PERRY YOUNGBLOOD, AMERICAN GENERAL FINANCE INC., UNKNOWN OWNERS AND NON-RECORD CLAIMANTS, DEFENDANTS.



The opinion of the court was delivered by: James L. Foreman 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, and having failed to answer or otherwise enter any appearance herein, although the time for answering has 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 Carolyn S. Duncan (deceased) and Donald J. Blee, secured by a mortgage dated January 17, 1992 (Ex. A of the complaint), in the total principal amount of $35,010.00. The mortgage was recorded in Mortgage Record Book 86, Pages 250 - 253, as Document No. 5797, Union County, Illinois. That loan is evidenced by a promissory note dated January 17, 1992 (Ex.

B). Defendants, Carolyn S. Duncan (deceased) and Donald J. Blee, defaulted on the note.

On January 24, 2003, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued notices of acceleration (Ex. C)

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 Carolyn S. Duncan (deceased), Donald J. Blee, Christopher Scott Sivia, Perry Youngblood, American General Finance Inc., Unknown Owners 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: 980 Old Highway 51 North, Anna, Illinois 62906 Part of the Southwest Quarter of the Southeast Quarter of Section 18, Township 12 South, Range One West of the Third Principal Meridian, described as follows: Commence at the Northeast Corner of said Southwest Quarter of the Southeast Quarter; thence Southerly along the East line thereof, 412.53 feet; thence South 80 deg. 00 min. West, 430.63 feet; thence North 10 deg. 00 min. West, 211.19 feet; thence South 80 deg. 00 min. West along the North line of 1.2 acres conveyed to Newberry (Book 114, Page 592), a distance of 248.26 feet to the East right of way line of S.B. Route 2; thence Northerly on a curve to the right having a radius of 607.27 feet a distance of 10.13 feet for a place of beginning; thence continue along said right of way on said curve 145.98 feet; thence departing from said right of way North 86 deg. 20 min. East, 125.21 feet; thence South 1 deg. 45 1/2 min. West, 128.62 feet; thence South 80 deg. 00 min. West on a line 10 feet Northerly, as measured at right angles to said North line of Newberry Tract, 139.49 feet to the place of beginning, in Union County, Illinois, containing 0.417 acres, the North 25 feet being for road and utility purposes only. Situated in the County of Union, State of 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 $452.70 Fee to publish notice of pendency of action . $1041.42 Title expenses $255.00 TOTAL ........................ $2,020.12

(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 ............... $43,896.57 Subsidy recapture paid ................. $17,169.21 Accrued interest at $9.7199 per day due and unpaid as of May 12, 2006 .............. $10,988.62 Total amount due plaintiff as of May 12, 2006, exclusive of foreclosure costs ............ $72,054.40

(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 ...


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