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United States v. Bailey

March 31, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DEREK K. BAILEY, AMANDA J. BAILEY, AND ST. CLAIR COUNTY INTERGOVERN-MENTAL GRANTS DEPARTMENT, DEFENDANTS.



The opinion of the court was delivered by: William D. Stiehl 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, Derek K. Bailey and Amanda J. Bailey, the Court finds:

1. That it has jurisdiction of the parties to and subject matter of this suit. The Defendants, Derek K. Bailey and Amanda J. Bailey, 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. The Court further finds that the defendant, St. Clair County Intergovernmental Grants Department, has filed its answer (Doc. 8) in which it admits the allegations of the Complaint.

2. The United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loan to Derek K. Bailey and Amanda J. Bailey, secured by a mortgage dated July 28, 2005 (Ex. A of the complaint), in the total principal amount of $98,100.00. The mortgage was recorded on August 1, 2005, recorded in Record Book 4214, Page 374, as Document No. A01924289, and filed in St. Clair County, Illinois. That loan is evidenced by a promissory note dated July 28, 2005 (Ex. B). Defendants, Derek K. Bailey and Amanda J. Bailey, defaulted on the note. On February 22, 2007, 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 are the names of persons that who 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: Derek K. Bailey, Amanda J. Bailey, and St. Clair County Intergovernmental Grants Department.

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: 908 Belsha Street, New Athens, Illinois 62264-1502 A portion of Lot 1 of "Trappe Subdivision"; reference being had to the plat thereof recorded in the Recorder's Office of St. Clair County, Illinois in book of plats "54" on page 10, described as follows, to-wit: Commencing the survey thereof at the Northwest corner of said Lot 1 a distance aforementioned, thence East along the North line thereof distance of 55 feet, thence South along a line that is parallel to the West line of said Lot 1 a distance of 150 feet, thence West to the West line of said Lot 1 a distance of 55 feet, thence north along the West line of said Lot 1 a distance of 150 feet to the place of beginning. Situated in the County of St. Clair and the State of Illinois.

Permanent Parcel No. 18-34-0-110-018

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 ..... $370.00 U.S. Marshals costs for service of summons . . . $357.30 Title expenses $328.00 TOTAL $1,055.30 (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 .................. $96,389.51 Subsidy recapture paid .................... $3,817.50 Accrued interest at $14.8901 per day due and unpaid as of February 20, 2008 ............. $6,975.65 Total amount due plaintiff as of February 20, 2008, exclusive of foreclosure costs .............. $107,182.66

(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 ...


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