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United States v. Peek

June 24, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ROBYN A. PEEK, A/K/A ROBYN ARLETTE PEEK, DEFENDANT.



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

JUDGMENT DECREE AND ORDER DIRECTING SALE

On January 27, 2009, the United States of America ("Plaintiff") commenced this mortgage foreclosure suit against Robyn A. Peek a/k/a Robyn Arlette Peek. Defendant was defaulted by the Clerk of Court onApril 14, 2009 (see Doc. 7).

Plaintiff now moves for entry of a default judgment under Federal Rule of Civil Procedure 55(b). The motion (Doc. 9) is GRANTED, and IT IS ORDERED AND ADJUDGED:

1. This Court has jurisdiction over the parties to and the subject matter of this suit. Defendant was 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 loanto Robyn A. Peek a/k/a Robyn Arlette Peek, secured by a mortgagedated March 3, 2004, in the total principal amount of $45,429.00. The mortgage was recorded on March 8, 2004, in Marion County, Illinois, as Document No. 2004R1410. The loan isevidenced bypromissory notes dated March 3, 2004, and December 29, 2004. Defendant, Robyn A. Peek a/k/a Robyn Arlette Peek, defaulted on the note. On October 28, 2008, Plaintiff, 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 October 7, 2008.

3. Defendant may have claimed an interest in the above-described property, but she 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, Plaintiff has a valid and subsisting lien as follows:

Common address: 1305 South Lincoln Boulevard, Centralia, Illinois 62801 The North 56 feet of Lot 19 and the South 4 feet of Lot 20 of Block 3 of Lincoln Place South Subdivision of the West Half of the North Half of the Southwest Quarter of the Northwest Quarter of Section 20, Township 1 North, Range 1 East of the Third Principle Meridian, situated in the City of Centralia, Marion County, Illinois.

Excepting all oil, coal, gas and minerals underlying said premises heretofore excepted, reserved or conveyed of record together with the right to mine and remove the same.

Property ID No. 14-00-073-090

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 ..... $380.00 U.S. Marshal's costs for service of summons . . . $159.50 Title expenses .......................... $200.00 TOTAL $739.50

(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 .................. $51,034.88 Accrued interest at $8.4256 per day due and unpaid as of April 21, 2009 ................ $10,643.68 Total amount due to Plaintiff as of April 21, 2009, ...


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