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United States v. Peacock

May 28, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LORI ANN PEACOCK, AND VILLAGE OF BLUFORD, DEFENDANTS.



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

JUDGMENT AND ORDER

DIRECTING SALE OF MORTGAGED PROPERTY

On February 6, 2009, the United States of America ("the USA") commenced the above-captioned mortgage foreclosure suit against Lori Ann Peacock and the Village of Bluford. The parcel of property in question is located in Bluford, Illinois, which lies within this Judicial District. Lori Ann Peacock and the Village of Bluford were properly served herein but failed to move, answer or otherwise plead in response to the complaint. The USA secured a Clerk's entry of default on April 17, 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 (Doc. 8), after FINDING as follows:

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

2. The USA, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loan to Lori Ann Peacock, which was secured by a mortgagedated June 24, 2005 (Exh. A to Complaint), in the total principal amount of $47,139.00. The mortgage was recorded on June 27, 2005 in Jefferson, County, Illinois as Document No. 200504686. That loan isevidenced by a promissory notedated June 24, 2005, (Exh.B). Lori Ann Peacock defaulted on the note. On June 2, 2008, 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: Lori Ann Peacock and the Village of Bluford

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

Common address: 270 East South Avenue, Bluford, Illinois 62814 Lots One (1), Two (2), Three (3) and Four (4) in Block Two (2); Lot Twelve (12) in Block Two (2); and Lots Five (5), Six (6) and Seven (7) in Block One (1); all in Pepple's Third Subdivision, being a subdivision in the Southeast Quarter of Section 23, Township 2 South, Range 4 East of the Third Principal Meridian, Jefferson County, Illinois. Subject to all public and private roads and easements.

Permanent Index No. 08-23-463-013 Permanent Index No. 08-23-463-014 Permanent Index No. 08-23-463-005 Permanent Index No. 08-23-463-012 Permanent Index No. 08-23-463-004

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) For its own use and benefit for the costs of this suit and for:

U.S. Attorney's docket and recording fees ..... $398.00 Title expenses $150.00 TOTAL $548.00

(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 .................. $46,667.43 Accrued interest at $6.9014 per day due and unpaid as of April 26, 2009 ................ $3,374.74 Total ...


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