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United States v. Miller

September 29, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
NANCY K. MILLER, DEFENDANT.



The opinion of the court was delivered by: Reagan, District Judge

JUDGMENT AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

On June 6, 2008, the United States of America ("the USA") commenced the above-captioned mortgage foreclosure suit against Nancy K. Miller. The parcel of property in question is located in Olney, Illinois, which lies within this Judicial District. Nancy K. Miller was properly served herein but failed to move, answer or otherwise plead in response to the amended complaint. Based on that failure, the USA secured a Clerk's entry of default on August 12, 2008, pursuant to Federal Rule of Civil Procedure 55(a)(see Doc. 6).

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 USA's motion for default judgment (Doc. 7), after FINDING as follows:

1. This Court has jurisdiction of the parties to and subject matter of this suit. Defendantwas properly served and having failed to answer or otherwise enter any appearance herein wasproperly defaulted.

2. The USA, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loanto Nancy K. Miller, which was secured by a mortgage dated May 12, 2008(Exh. A to Complaint) in the total principal amount of $57,070.00. The mortgage was recorded on August 29, 1994 and April 10, 2000 in Richland County, Illinois asMortgage Record Book 1994, Pages 7412-7415, as Document No. 2768, in Mortgage Record Book 1995, pages 5791-5795, as Document No. 1810, and Mortgage Record Book 2000, Pages 3350-3355, as Document No. 988. The loan is evidenced by a promissory note dated August 26, 1994, and June 22, 1995 (Exh. D and E). Defendantdefaulted on the note. On January 3, 2007, the USA, acting through the United States Department of Agriculture, Rural Development, issued anoticeof acceleration (Exh. C).

3. The following person may have claimed an interest in the above-described property but is foreclosed from asserting her claim, if any, because of her default in this action:

Nancy K. Miller.

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

Common address: 704 North Van Street, Olney, Illinois 62450 Lot Thirty-Seven (37) in Block One (1) in Eastgate Addition to the City of Olney, Richland County, Illinois Tax ID #06-35-401-137

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) For its own use and benefit for the costs of this suit and for:

U.S. Attorney's docket and recording fees ....... $390.00

Title expenses ...


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