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United States v. Allison

March 12, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
STACY D. ALLISON, CITY OF MT. VERNON, JEFFERSON COUNTY TREASURER, AND ARTURA OLIVER, DEFENDANTS.



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

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

On July 26, 2007, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Stacy D. Allison, City of Mt. Vernon, and Jefferson County Treasurer. The parcel of property in question is located in Mt. Vernon, 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 January 10, 2008, 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. 19), 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 loanto Stacey D. Allison, secured by a mortgage dated August 11, 2000 (Exh. A of the complaint), in the total principal amount of $74,040.00. The mortgage was recorded on August 28, 2000 as Document No. 200006159 filed in Jefferson County, Illinois. The loan is evidenced by promissory notes dated August 11, 2000 (Exh. B) and August 26, 2004 (Exh. C). Defendant, Stacy D. Allison, defaulted on the note. On July 18, 2006, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Exh. D). The property has been abandoned as set forth in the attached affidavit of abandonment dated March 3, 2008.

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: Stacy D. Allison, City of Mt. Vernon, and Jefferson County Treasurer

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

Common address: 1124 Oakland Avenue, Mt. Vernon, Illinois 62864 The East Half of Lot Three (3) in B.B. Warren's Addition to the City of Mt. Vernon, situated in Jefferson County, Illinois.

Permanent Index No. 07-30-278-004

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 ..... $398.00 U.S. Marshals costs for service of summons . . . $110.61 Fee to publish notice of pendency of action . . . $477.00 Title expenses $225.00 TOTAL $1,210.61

(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 .................. $66,970.67 Subsidy recapture paid .................... $11,575.20 Accrued interest at $12.5981per day due and unpaid as of February 12, 2008 ............. $8,401.08 Total amount due USA as of February 12, 2008, exclusive of foreclosure costs .............. $86,946.95

(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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