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United States v. Stevens

July 13, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DEBRA K. STEVENS, DEFENDANT.



The opinion of the court was delivered by: Richard Mills United States District Judge

JUDGMENT OF FORECLOSURE

This matter having come on to be heard upon the plaintiff's complaint, and the subsequent pleadings, on this day and this Court, having considered the evidence and being advised in the premises, makes these FINDINGS:

I. JURISDICTION

1. That it has jurisdiction of the parties to and the subject matter of this suit. That the defendant, Debra K. Stevens, returned Waiver of Service of Summons on March 16, 2006, pursuant to Federal Rule of Civil Procedure 4 and has acknowledged receipt of the complaint as shown by the file in this case, and did not thereafter voluntarily appear in these proceedings.

II. EVIDENTIARY FINDINGS

1. That the defendant, Debra K. Stevens, did execute a mortgage, attached as Exhibit A to the complaint, dated October 22, 1998, and on October 22, 1998, said defendant executed a note attached to the complaint as Exhibit B, in the amount of $55,375.00 secured by said mortgage. The UNITED STATES OF AMERICA, acting through the RURAL DEVELOPMENT, UNITED STATES DEPARTMENT OF AGRICULTURE, was the mortgagee on said mortgage executed by said defendant as mortgagor. Said mortgage pertaining to the property described herein was recorded on October 22, 1998, commencing at Page 227 of Book 312, as Document No. 98-3564, in the Office of the Pike County, Illinois, Recorder.

2. That the plaintiff is the owner of the note and mortgage described in said complaint.

3. That the following are 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: Debra K. Stevens as owner and occupant of the property

4. That all of the material allegations contained in the complaint are true and that by virtue of the mortgage and indebtedness thereby secured, the plaintiff, UNITED STATES OF AMERICA, has a valid and subsisting lien arising out of a real estate mortgage on the property described as follows:

A part of Lots 1 and 2 in Block 13 in the Original Town of Griggsville, Illinois, described as follows: Commencing at the Southeast corner of said Lot 1 and running thence North 70 feet 3 inches; thence West 91 feet and 6 inches; thence South 70 feet and 3 inches to the South Line of Lot 2; thence East 91 feet and 6 inches to the place of beginning, situated in the County of Pike and in the State of Illinois.

PIN NO. 43-051-07

5. That by virtue of the mortgage and the indebtedness thereby secured, as alleged in the complaint, there is due the 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 Fee .............................. $250.00 Recording Notice of a Suit to Foreclose Mortgage ............. $28.00 Total .......................................... $278.00

b) Unpaid principal and interest:

Unpaid principal balance .............................. $50,561.58 Accrued interest at $8.6797 per day due and unpaid as of May 23, 2006

....................... $3,696.85 Subsidy recapture

..................................... $8,860.30 Escrow shortage

...................................... $1,058.28 Late charges

........................................... $38.68 Interest on fees

.......................................... $2.65 Fees assessed

......................................... $128.00

Total amount due plaintiff as of 05/23/06, exclusive of foreclosure costs .................... $64,624.34

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 or procuring abstracts of title, certificates, foreclosure minutes, a title insurance policy and fees, charges, and expenses provided by law incurred by or owing to the United States Marshal, including such fees and expenses relating to conducting of the judicial sale as required by this judgment of foreclosure.

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, 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 the plaintiff to make such repairs to the real estate as may reasonably be deemed necessary for the proper preservation thereof.

g) Under the terms of the mortgage, any money so paid or expended has or will become an additional indebtedness secured by the mortgage and will bear interest from the date such monies are advanced at the rate provided in the mortgage, or, if no rate is provided, at the statutory judgment rate.

6. That the present owner of the above-described real estate is: Debra K. Stevens

7. That Pike County, Illinois, has a valid lien on the above-described property for taxes for the years 2005 and 2006 and the property will be sold subject to the interest of Pike County, resulting from taxes, general or special, ...


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