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United States v. Stanley

February 11, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
APRIL NICOLE STANLEY, N/K/A APRIL NICOLE TAYLOR, DEFENDANT.



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

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

On October 23, 2008, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against April Nicole Stanley n/k/a April Nicole Taylor. The parcel of property in question is located in Salem, Illinois, which lies within this Judicial District. Defendant was 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 January 9, 2009, 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. 8), after FINDING as follows:

1. This Court has jurisdiction of the parties to and subject matter of this suit. The Defendant was properly served and having failed to answer or otherwise enter any appearance herein, is properly defaulted.

2. The USA, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, made a loanto April Nicole Stanley n/k/a April Nicole Taylor, secured by a mortgagedated January 11, 2002 (Exh. A of the complaint), in the total principal amount of $55,508.00. The mortgage was recorded on January 11, 2002. The loan is evidenced by promissory notes dated January 11, 2002 and December 16, 2002 (Exhs. B and C). Defendant, April Nicole Stanley n/k/a April Nicole Taylor, defaulted on the note. On July 17, 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 August 25, 2008.

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: April Nicole Stanley n/k/a April Nicole Taylor

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

Common address: 215 East Church Street, Salem, Illinois 62881 Lot 3 in Block 2 of Turner and Lester's Addition to the City of Salem, Marion County, Illinois.

Excepting all oil, coal, gas and minerals underlying said premises, with the right to mine and remove the same.

Property ID No. 11-00-008-935

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 U.S. Marshals costs for service of summons . . . $157.82

Title expenses $300.00 TOTAL $837.82

(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 .................. $54,994.28 Accrued interest at ...


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