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United States v. Estate of Enlow

March 3, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ESTATE OF ROBERT A. ENLOW, SUSAN Y. LINDER, ROBERT L. ENLOW, SHARON JOYCE, INDIVIDUALLY AND AS REPRESENTATIVE OF GARY JOYCE, DECEASED, UNKNOWN OWNERS, INCLUDING UNKNOWN HEIRS AND LEGATEES OF ROBERT A. ENLOW, DECEASED, 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 each been properly served and having failed to answer or otherwise enter any appearance herein, although the time for answering having 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 Robert A. Enlow, secured by mortgagesdated December 6, 1993 and October 21, 1994 (Ex. A & B of the complaint), in the total principal amount of $35,780.00. The mortgage was recorded on December 6, 1993, in Book 1993, Pages 9755-9758 as Documents No. 3700 and On October 21, 1994, in Book 1994, Pages 8702-8705, as Document No. 3286. These loans are evidenced by promissory notes dated December 6, 1993 (Ex. C) and October 21, 1994 (Ex. D). Defendant, Robert A. Enlow, defaulted on the note. On December 22, 2003, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Ex. E).

3. That the following are the names of persons that 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 Robert A. Enlow, Susan Y. Linder, Robert L. Enlow, Sharon Joyce, Individually and as representative of Gary Joyce, Deceased, Unknown Owners, Including Unknown Heirs and Legatees of Robert A. Enlow, Deceased, 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: 406 Lathrop Street, Olney, Illinois 62450 Lot Number 21, in Pleasant Heights Subdivision of the City of Olney, Illinois, as platted in Plat Book 3, pages 162A, filed February 25, 1975, Recorder's Office, Richland County, 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 ..... $283.00 Fee to publish notice of pendency of action . . . $1,601.28 Title expenses $293.00 TOTAL $2,177.28

(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 .................. $41,217.70 Subsidy recapture paid .................... $8,745.60 Accrued interest at $6.8801 per day due and unpaid as of February 12, 2008 ............. $8,527.93 Total amount due plaintiff as of February 12, 2008, exclusive of foreclosure costs .............. $58,491.23

(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 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 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 ...


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