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United States v. Estate of Cox

December 19, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ESTATE OF HELEN E. COX, NAOMI F. COX, JOSHUA D. COX, RICKY COX, MIKE COX, STATE OF ILLINOIS DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES, UNKNOWN OWNERS, INCLUDING UNKNOWN HEIRS AND LEGATEES OF HELEN E. COX, DECEASED, 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 July 11, 2008, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Estate of Helen E. Cox, Naomi F. Cox, Joshua D. Cox, Ricky Cox, Mike Cox, State of Illinois Department of Healthcare and Family Services, Unknown Heirs and Legatees of Helen E. Cox, and Non-Record Claimants. The parcel of property in question is located in Keensburg, 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 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 (Doc14), 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 Helen E. Cox, secured by a mortgage dated May 24, 2005 (Exh. A of the complaint), in the total principal amount of $36,900.00. The mortgage was recorded on May 25, 2005, Wabash County, Illinois as Mortgage Record 223, Page 683, as Document No. 1200546845. The loan isevidenced bya promissory note dated May 24, 2005 (Exh. B and C). Defendants, Helen E. Cox, defaulted on the note. On October 25, 2007, 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 affidavit of abandonment (Exh. E) dated June 4, 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:

Estate of Helen E. Cox, Naomi F. Cox, Joshua D. Cox, Ricky Cox, Mike Cox, State of Illinois Department of Healthcare and Family Services, Unknown Heirs and Legatees of Helen E. Cox, 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: 6344 South 3rd Street, Keensburg, Illinois 62852 The Easterly one-half (1/2) of Lots Seven (7), Nine (9) and Eleven (11) of Block "J" of W.E. Keen's Addition to the Village of Keensburg, as shown by plat recorded in Plat Record "1", Page 25, of the records of Wabash County, Illinois, situated in the County of Wabash and State of Illinois. The above described premises having a frontage of 90 feet on Third Street.

Permanent Index No. 03-213-09-320-001

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..... $380.00 Fee to publish notice of pendency of action... $606.00 Title expenses $300.00 TOTAL $1,286.00

(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.................. $43,682.36 Accrued interest at $6.0846 per day due and unpaid as of December 15, 2008............ $3,076.60 Total amount due USA as of December 15, 2008, exclusive of foreclosure costs.............. $46,758.96

(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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