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United States v. McKinley

May 4, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SHERI LYNN MCKINLEY, DEFENDANT.



The opinion of the court was delivered by: Murphy, District Judge

JUDGMENT DECREE AND ORDER DIRECTING SALE

On January 12, 2009, Plaintiff, United States of America, commenced this mortgage foreclosure suit against Sheri Lynn McKinley. Defendant was defaulted by the Clerk of Court on March 18, 2009 (see Doc. 6). Plaintiff now moves for entry of a default judgment under Federal Rule of Civil Procedure 55(b).

The motion (Doc. 7) is GRANTED, and IT IS ORDERED AND ADJUDGED:

1. This Court has jurisdiction over the parties and subject matter of this action. Defendant was properly served and failed to answer or otherwise enter any appearance.

2. The United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loan to Sheri Lynn McKinley, secured by a mortgagedated September 27, 1999, in the total principal amount of $60,275.00. The mortgage was recorded on September 27, 1999. The loan is evidenced by a promissory note dated September 27, 1999. Defendant, Sheri Lynn McKinley, defaulted on the note. On August 6, 2008, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice-of acceleration. The property has been abandoned as set forth in the affidavit of abandonment dated December 3, 2008.

3. Defendant 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.

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

Common address: 14 Indian Hills, Watson, Illinois 62473

a/k/a 310 Illini Drive, Watson, Illinois 62473 Lot 14 of Indian Hills Subdivision, Addition A (reference made to the plat therefore recorded as Plat #87-E and Plat Book 14 page 9 in the Recorder's Office of Effingham County), situated in the Village of Watson, County of Effingham and State of Illinois.

Property Tax ID No. 14-21-04

5. By virtue of the mortgage and the indebtedness thereby secured, as alleged in the complaint, the following amounts are due to Plaintiff United States of America:

(a) For its own use and benefit for the costs of this suit and for: U.S. Attorney's docket and recording fees . . . . $380.00 Title expenses . . . . . . . . . . . . . . . . . . . . . . . . . . $150.00 TOTAL $530.00

(b) For the use and benefit of 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 . . . . . . . . . . . . . . . . . . $56,571.96 Accrued interest at $11.0537 per day due and unpaid as of April 2, 2008 . . . . . . . . . . . . . . . . . $3,574.02 Total amount due plaintiff as of April 2, 2009, exclusive of foreclosure costs . . . . . . . . . . . . . . $60,145.98

(c) In addition, 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 ...


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