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United States v. Glover

October 26, 2006


The opinion of the court was delivered by: Jeanne E. Scott, U.S. District Judge


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:


1. That it has jurisdiction of the parties to and the subject matter of this suit. That the Defendant, Beneficial Illinois, returned Waiver of Service of Summons on May 25, 2006, pursuant to Federal Rule of Civil Procedure 4 and has acknowledged receipt of the complaint as shown by the file in this case. Defendant Samuel C. Glover was personally served with Summons and Complaint by the United States Marshal on April 24, 2006. Said Defendants did not thereafter voluntarily appear in these proceedings.


1. That the Defendant, Samuel C. Glover, did execute a mortgage, attached as Exhibit A to the complaint, dated February 7, 1995, and on February 7, 1995, said Defendant executed a note attached to the complaint as Exhibit B, in the amount of $52,980.00 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 February 7, 1995, commencing at Page 88-89 of Book 564, as Document No. 322369, in the Office of the Macoupin 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:

Beneficial Illinois

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:

Lot Numbered Three (3) and the West One-half (W1/2) of Lot Numbered Two (2) in Block Numbered Four (4) in John C. Niemann's Seventh Addition to the Village, now City, of Mount Olive, Macoupin County, Illinois. Excepting all coal and mineral rights which have heretofore been conveyed or reserved of record. Subject to all easements, restrictions and covenants of record.

PIN NO. 02-001-800-00

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 U.S.

Marshal's Costs for Service of Summons . $201.75

Recording Notice of a Suit to Foreclose Mortgage$45.00

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . $496.75

b) Unpaid principal and interest:

Unpaid principal balance . . . . . . . . . . . . . . . $46,307.70

Accrued interest at $10.9826

per day due and unpaid as of July 10, 2006 . . . . . . . . $3,582.82

Subsidy recapture . . . . . . . . . . . . . . . . . . . . . $7,758.12

Escrow shortage due . . . . . . . . . . . . . . . . . . . $1,534.99

Interest on fees due . . . . . . . . . . . . . . . . . . . . . $289.16

Fees assessed . . . . . . . . . . . . . . . . . . . . . . . . . $3,800.44

Total amount due Plaintiff as of 07/10/06, exclusive of foreclosure costs . . . . . . . . $63,769.98

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 ...

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