The opinion of the court was delivered by: Herndon, Chief Judge
JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY
On November 24, 2008, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Shannon Dawn McCormick n/k/a Shannon Dawn Tolley, and Michael Leon Tolley. The parcel of property in question is located in Salem, 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 (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 Shannon Dawn McCormick n/k/a Shannon Dawn Tolley, secured by a mortgagedated January 3, 2006 (Exh. A of the complaint), in the total principal amount of $39,690.00. The mortgage was recorded on January 4, 2006 and filed in Marion County, Illinois recorded in as Document No. 2006R0081. The loan isevidenced by a promissory note dated January 3, 2006 (Exh. B). Defendant, Shannon Dawn McCormick n/k/a Shannon Dawn Tolley, defaulted on the note. On April 25, 2007, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Exh. C).
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: Shannon Dawn McCormick n/k/a Shannon Dawn Tolley, and Michael Leon Tolley
4. By virtue of the mortgage and indebtedness thereby secured, the USA has a valid and subsisting lien as follows:
Common address: 403 South Pearl Avenue, Salem, Illinois 62881 Lot 2, Block 8, Mills Addition to the Original Town, now 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. 11-00-010-980
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...$189.20
(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.................. $39,875.75 Accrued interest at $5.8749 per day due and unpaid as of March 17, 2009............... $4,541.04 Total amount due USA as of March 17, 2009, exclusive of foreclosure costs.............. $44,416.79
(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 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 ...