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United States v. Demond

February 10, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JARROD JOSEPH AARON DEMOND, DEFENDANT.



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 Defendant, the Court finds:

1. That it has jurisdiction of the parties to and subject matter of this suit. The Defendant has been properly served and having failed to answer or otherwise enter any appearance herein, although the time for answering having expired, is ordered defaulted.

2. The United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loan to Jarrod Joseph Aaron DeMond, secured by a mortgage dated January 28, 2004 (Ex. A of the complaint), in the total principal amount of $56,970.00. The mortgage was recorded on January 24, 2004 and filed in Franklin County, Illinois, recorded in as Document No. 2004-550. That loan isevidenced by a promissory note dated January 24, 2008 (Ex. B). Defendant, Jarrod Joseph Aaron DeMond, defaulted on the note. On October 26, 2007, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Ex. C). The property has been abandoned as set forth in the affidavit of abandonment (Ex. D) dated July 31, 2008.

3. That the following is the name of a person that may have claimed an interest in the above described property, but who is foreclosed from asserting his claim, if any, because of his default in this action: Jarrod Joseph Aaron DeMond

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: 2309 East Main, Benton, Illinois 62812 Lot Eight (8) in Block Three (3) in Ohio Valley Mining Company's First (1st) Addition to Frankfort Heights, now known as the City of West Frankfort, excepting the coal, oil, gas and other minerals underlying the same and all rights and easements in favor of the owner of the mineral estate or of any party claiming by, through or under said estate, situated in FRANKLIN COUNTY, ILLINOIS.

Tax ID No. 273-227-06

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 ..... $381.00 Title expenses $150.00 TOTAL $531.00

(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 .................. $60,235.48 Subsidy recapture paid .................... $5,456.31 Accrued interest at $10.5082 per day due and unpaid as of November 25, 2008 ............ $5,264.65 I Total amount due plaintiff as of November 25, 2008, exclusive of foreclosure costs .............. $70,956.44

(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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