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United States v. Smith

October 31, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
EVELYN M. SMITH, DECEASED, KATHY PETERSON, CITY OF CENTRALIA, UNKNOWN OWNERS, UNKNOWN HEIRS AND LEGATEES, AND NON-RECORD CLAIMANTS, DEFENDANTS.



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

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

On March 31, 2008, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Evelyn M. Smith, Deceased, Kathy Peterson, City of Centralia, Unknown Owners, Unknown Heirs and Legatees, and Non-Record Claimants. The parcel of property in question is located in Centralia, 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 entries of default on July 11, 2008 and October 29, 2008 (Docs. 9 & 14), 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. 15), 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 Evelyn M. Smith, secured by a mortgage dated December 17, 2004 (Exh. A of the complaint), in the total principal amount of $27,000.00. The mortgage was recorded on December 20, 2004. The loan is evidenced by a promissory note dated December 17, 2004 (Exh. B). Defendant, Evelyn M. Smith, defaulted on the note. On August 25, 2007, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice-of acceleration (Exh. C). The property has been abandoned as set forth in the affidavit of abandonment dated March 17, 2008 (Exh. D).

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:

Evelyn M. Smith, Deceased, Kathy Peterson, City of Centralia, Unknown Owners, Unknown Heirs and Legatees, and Non-Record Claimants

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

Common address: 304 West Kell Street, Centralia, Illinois 62801 Lot 12 in Block 2 in E.S. Condit's Addition #4 to the City of Centralia, Marion County, Illinois.

Property ID #14-00-063-800

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 ..... $410.00 Fee to publish notice of pendency of action . . . $333.60 Title expenses $150.00 TOTAL $893.60

(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 .................. $29,285.68 Subsidy recapture paid .................... $2,146.76 Accrued interest at $4.8205 per day due and unpaid as of August 18, 2008 .............. $2,118.00 Total amount due USA as of August 18, 2008, exclusive of foreclosure costs .............. $33,550.44

(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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