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United States v. Drew

June 1, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KENNETH R. DREW, RUBY M. DREW, AND WILLIAM REED, DEFENDANTS.



The opinion of the court was delivered by: J. Phil Gilbert 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 Defendants, the Court finds:

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

2. The United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loanto Kenneth R. Drew and Ruby M. Drew, secured by a mortgagedated February 15, 2000 (Ex. A of the complaint), in the total principal amount of $42,165.00. The mortgage was recorded on February 15, 2000. That isevidenced by a promissory note dated February 15, 2000 (Ex. B). Defendants, Kenneth R. Drew and Ruby M. Drew, defaulted on the note. On January 22, 2008, 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 dated March 16, 2009.

3. That the following are the names of persons that who that may have claimed an interest in the above described property, but who are foreclosed from asserting their claim, if any, because of their default in this action: Kenneth R. Drew, Ruby M. Drew, and William Reed

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: 212 West St. Louis Street, West Frankfort, Illinois 62896 City of West Frankfort, situated in FRANKLIN COUNTY, ILLINOIS. Excepting all coal, oil, gas and minerals underlying said premises heretofore, reserved or conveyed of record together with the right to mine and remove the same.

Property ID No. 11-24-286-002

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

U.S. Marshals costs for service of summons . . . $132.00

Title expenses ...


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