Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Wesley

December 20, 2007

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KAREN A. WESLEY, DEFENDANT.



The opinion of the court was delivered by: Gilbert, 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 having expired, is 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 Karen

A. Wesley, secured by a mortgage dated May 8, 1998 (Ex. A of the complaint), in the total principal amount of $54,500.00. The mortgage was recorded on May 8, 1998. That loan isevidenced by a promissory note dated May 8, 1998 (Ex. B). Defendant, Karen A. Wesley, defaulted on the note. On September 20, 2006, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Ex. C).

3. That the following is the name of a person that 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: Karen A. Wesley

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: 707 East Carpenter Street, Jerseyville, Illinois 62052 Lot 15, in Block 5 of Potts Addition to the City of Jerseyville, Jersey County, Illinois.

Property Tax Number: 04-895-015-00

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 ..... $390.00 U.S. Marshals costs for service of summons . . . $137.53 Title expenses $150.00 TOTAL $677.53

(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 .................. $56,747.65 Subsidy recapture paid .................... $3,592.32 Accrued interest at $9.8353 per day due and unpaid as of December 7, 2007 ............. $7,334.71 Total amount due plaintiff as of December 7, 2007, exclusive of foreclosure costs .............. $67,674.68

(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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.