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United States v. Kesterson

March 3, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JAMES F. KESTERSON, JEANNE E. KESTERSON, AND WEBER MEDICAL CLINIC, LTD., DEFENDANTS.



The opinion of the court was delivered by: Herndon, Chief Judge

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

On September 14, 2007, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against James F. Kesterson, Jeanne E. Kesterson, and Weber Medical Clinic, Ltd. The parcel of property in question is located in Olney, Illinois, which lies within this Judicial District. Defendants were properly served herein but failed to move, answer, or otherwise plead in response to the complaint. Based on that failure, the USA secured the Clerk's entry of default on December 19, 2007, pursuant to Federal Rule of Civil Procedure 55(a).

Now before this Court is the USA's motion for default judgment under Rule 55(b). Having carefully reviewed the record, the Court GRANTS the motion for default judgment (Doc. 12), after FINDING as follows:

1. This Court has jurisdiction of the parties to and subject matter of this suit. The Defendants were properly served and having failed to answer or otherwise enter any appearance herein, are properly defaulted.

2. The USA, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, made a loan to James F. Kesterson and Jeanne E. Kesterson, secured by a mortgage dated June 20, 1986 (Exh. A to complaint), in the total principal amount of $38,000.00. The mortgage was recorded on June 20, 1986, in Book 1986, Pages 3670-3673, as document number 2085, filed in Richland County, Illinois. The loan is evidenced by a promissory notedated June 20, 1986 (Exh. B). Defendants, James F. Kesterson and Jeanne E. Kesterson, defaulted on the note. On July 31, 2006, the USA, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, issued a notice of acceleration (Exh. E).

3. The following persons may have claimed an interest in the above described property, but are foreclosed from asserting their claim, if any, because of their default in this action: James F. Kesterson, Jeanne E. Kesterson, and Weber Medical Clinic, Ltd.

4. By virtue of the mortgage and indebtedness thereby secured, the USA has a valid and subsisting lien as follows:

Common address: 708 Watson, Olney, Illinois 62450 LOT SEVENTY-TWO (72) IN BLOCK TWO (2) IN EASTGATE ADDITION TO THE CITY OF OLNEY, EXCEPT ANY INTEREST IN THE COAL, OIL, GAS AND OTHER MINERALS UNDERLYING THE LAND WHICH HAVE BEEN HERETOFORE CONVEYED OR RESERVED IN PRIOR CONVEYANCES, AND ALL RIGHTS AND EASEMENTS IN FAVOR OF THE ESTATE OF SAID COAL, OIL, GAS AND OTHER MINERALS, IF ANY, SITUATE IN THE COUNTY OF RICHLAND AND STATE OF ILLINOIS.

Property Tax I.D. No. 06-35-401-272

5. By virtue of the mortgage and the indebtedness thereby secured, as alleged in the complaint, the following amounts are due to the USA:

(a) U.S. Attorney's docket and recording fees. . . . . . $390.00 Title expenses ........................... $303.00

TOTAL $693.00

(b) For the use and benefit of the USA, 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. . . . . . . . . . . . . . . . . . . $36,243.37 Subsidy recapture paid. . . . . . . . . . . . . . . . . . . . . $19,537.72 Accrued interest at $9.4738 per day due and unpaid as of December 27, 2007. . . . . . . . . . . . . $5,654.57 Total amount due USA as of December 27, 2007, exclusive of foreclosure costs. . . . . . . . . . . . . . . $61,435.66

(c) In addition, the USA 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 ...


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