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United States v. Moles

January 8, 2007

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DOUGLAS N. MOLES, DIANA L. MOLES, UNKNOWN OWNERS, AND NON-RECORD CLAIMANTS, DEFENDANTS.



The opinion of the court was delivered by: J. Phil Gilbert 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 defendants, the court finds:

1. That it has jurisdiction of the parties to and subject matter of this suit. The defendants have 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. The United States of America, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, made a loan to Douglas N. Moles and Diana L. Moles, secured by a mortgage dated May 14, 1982 (Ex. A of the complaint), in the total principal amount of $45,850.00. The mortgage was recorded on May 14, 1982. This loan is evidenced by a promissory note dated May 14, 1982 (Ex. B). Defendants, Douglas N. Moles and Diana L. Moles, defaulted on the notes. On August 20, 2004, the United States of America, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, 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 defaults in this action: Douglas N. Moles, Diana L. Moles, 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: 12398 East Oakton Road, Mt. Vernon, Illinois 62864, formerly #28 Country Aire, Mt. Vernon, Illinois 62864 Part of the South Half of the Northeast Quarter of Section 7 in Township

2 South, Range 3 East of the Third Principal Meridian, lying West of the C & E I Railroad as now located, more particularly described as follows: Beginning at a point 1,290 feet East of the concrete post on the East right of way line of State Highway No. 37, the same being a point in the center of the J.C. (Junior Chamber of Commerce) Lakeroad, running from said State Route 37 and from said point of beginning, running thence East along the center line of said J.C. Lakeroad, 155 feet to a point, thence due North 385 feet to a point, thence due West parallel with the J.C. Lakeroad, 155 feet and thence South parallel with the East line 385 feet to the point of beginning; the same being a strip of land 155 feet East and West lying along the J.C. Lakeroad and 385 North and South; situated in the County of Jefferson in the State of Illinois.

5. That by virtue of the mortgage and the indebtedness thereby secured, as alleged in the complaint, there is due 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 and recording fees ..... $282.00 U.S. Marshals costs for service of summons . . . $109.58 Fee to publish notice of pendency of action . . . $648.00 Title expenses $348.00 TOTAL .......................... $1,387.58

(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 .................. $34,066.30 Subsidy recapture paid .................... $78,742.37 Accrued interest at $12.2149 per day due and unpaid as of December 6, 2006 ............. $9,562.82 Total amount due plaintiff as of December 6, 2006, exclusive of foreclosure costs .............. $122,371.49

(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 ...


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