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United States v. Derixson

December 29, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MAE VESTER DERIXSON, DECEASED, ROBERTA DERIXSON, UNKNOWN HEIRS OR DEVISEES OF MAE VESTER DERIXSON, UNKNOWN OWNERS, 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

OnJune 6, 2008, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Mae Vester Derixson, Deceased, Roberta Derixson, Unknown Heirs or Devisees of Mae Vester Derixson, Unknown Owners, and Non-Record Claimants. The parcel of property in question is located in Mt. Vernon, Illinois, which lies within this Judicial District. Defendant(s) was/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 (Date of Entry of Default), 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. 10), 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 Mae Vester Derixson, Deceased, secured by a mortgagedated January 21, 1999 (Exh. A of the complaint), in the total principal amount of $67,206.00. The mortgage was recorded on February 18, 1999 and April 28, 2000 in Cabinet 6, Drawer 1, Instrument No. 3116 and Document No. 200003091. The loans are evidenced by promissory notes dated January 21, 1999 and April 21, 2000 (Exhs.C and D). Defendant, Mae Vester Derixson, Deceased, defaulted on the note. On September 26, 2007, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Exh. E). The property has been abandoned as set forth in the attached affidavit of abandonment dated August 28, 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:

Mae Vester Derixson, Deceased, Roberta Derixson, Unknown Heirs or Devisees of Mae Vester Derixson, Unknown Owners, 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: 1104 Wiltshire, Mt. Vernon, Illinois 62864

Tract No. 1: Lot 2 in Dennis' Resubdivision of Lots 13, 14, and 15 in Block 5 of Watson Place Subdivision in the City of Mt. Vernon. Situated in Jefferson County, Illinois.

Tract No. 2: A triangular tract of Land being a part of Lot 13 in Block 5 in Watson Place Subdivision of a part of the Northeast Quarter of Section 30, Township 2 South, Range 3 East of the Third Principal Meridian, beginning at the Northwest corner of Lot 13, thence East 130 feet on the North line of Lot 13 to an iron pin at the point of beginning, thence South 03 degrees 52 minutes 34 seconds East 52.22 feet to an iron pin, thence North 74 degrees 48 minutes East to the point of intersecting a line (said line more particularly described as commencing 130 feet East of the Northwest corner of Lot 13, thence South 14 degrees 25 minutes 26 seconds East 143 feet to a point on the South Line of Lot 15 in Watson Place Subdivision), thence North 14 degrees 25 minutes 26 seconds West along aforesaid line to the point of beginning;

AND ALSO a Tract of land beginning at an iron pin 130 feet East of the Northwest corner of Lot 13, in Block 5, in Watson Place Subdivision, thence East on the North Line of Lot 13, 71 feet to the center of a vacated alley, thence South 22 degrees 35 minutes 20 seconds East a distance of 50 feet, thence West on the South line of Lot 13 to a point of intersecting a line (said line more particularly described as commencing 130 feet East of the Northwest corner of Lot 13, thence South 14 degrees 25 minutes 26 seconds East a distance of 143 feet to a point on the South line of Lot 15, Block 5, in Watson Place Subdivision) thence North 14 degrees 25 minutes 26 seconds West along aforesaid line to the point of beginning. Situated in Jefferson County, Illinois.

Tax ID No. 07-30-204-004

5. By virtue of the mortgage and the indebtedness thereby secured, as alleged in the complaint, the ...


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