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United States v. Estate of Jordan

June 23, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ESTATE OF SHIRLEY LEE JORDAN, REGINA L. BELL, LISA R. JORDAN, BOBBY JOE JORDAN, JR., JERRY L. JORDAN, UNKNOWN HEIRS AND LEGATEES OF SHIRLEY LEE JORDAN, UNKNOWN OWNERS, AND NON-RECORD CLAIMANTS, DEFENDANTS.



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

JUDGMENT DECREE AND ORDER DIRECTING SALE

On December 10, 2008, the United States of America ("Plaintiff") commenced this mortgage foreclosure suit against Estate of Shirley Lee Jordan, Regina L. Bell, Lisa R. Jordan, Bobby Joe Jordan, Jr., Jerry L. Jordan, Unknown Heirs and Legatees of Shirley Lee Jordan, Unknown Owners, and Non-Record Claimants. Defendants were defaulted by the Clerk of Court on June 4, 2009 (see Doc. 11).

Plaintiff now moves for entry of a default judgment under Federal Rule of Civil Procedure 55(b). The motion (Doc. 12) is GRANTED, and IT IS ORDERED AND ADJUDGED:

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

2. Plaintiff, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loan to Shirley Lee Jordan, secured by a mortgagedated January 23, 1998, in the total principal amount of $69,000.00. The mortgage was recorded on January 23, 1998, and filed in Fayette County, Illinois, in Book 1116, Page 294, as Document No. 980352. The loan is evidenced by a promissory note dated January 23, 1998. Defendant, Shirley Lee Jordan, defaulted on the note. On June 13, 2008, Plaintiff, acting through the United States Department of Agriculture, Rural Development, issued a notice-of acceleration.

3. Estate of Shirley Lee Jordan, Regina L. Bell, Lisa R. Jordan, Bobby Jose Jordan, Jr., Jerry L. Jordan, Unknown Heirs and Legatees of Shirley Lee Jordan, Unknown Owners, and Non-Record Claimants 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.

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

Common address: 2311 West Jefferson, Vandalia, IL 62471 Lot 9 in Block 9 in Cocagne's Addition to the City of Vandalia, in Fayette County, Illinois.

Property Tax No. 18-14-17-103-006

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

(a) For its own use and benefit for the costs of this suit and for: U.S. Attorney's docket and recording fees ..... $382.00 U.S. Marshal costs for service of summons .... $204.30 Fee to publish notice of pendency of action . . . $850.50 Title expenses .......................... $150.00 TOTAL $1,586.80

(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 .................. $65,801.34 Accrued interest at $12.9447 per day due and unpaid as of June 10, 2009 ................. $6,375.43 Total amount due to Plaintiff as of June 10, 2009, exclusive of foreclosure costs .............. $72,176.77

(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 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 property and 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 provided ...


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