Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Davis

July 9, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BILLY L. DAVIS A/K/A BILL L. DAVIS, SUSAN I. DAVIS, AND FIRST NATIONAL BANK OF CARMI, DEFENDANTS.



The opinion of the court was delivered by: Herndon, Chief Judge

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

On January 12, 2009, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Billy L. Davis a/k/a Bill L. Davis, Susan I. Davis, and First Bank of Carmi. The parcel of property in question is located in Mt. Carmel, Illinois, which lies within this Judicial District. Defendants were properly served herein but failed to move, answer, or otherwise plead in response to the complaint. Based on that failure, the USA secured the Clerk's entry of default on April 10, 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 for default judgment (Doc. 19), after FINDING as follows:

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

2. The USA, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, made a loanto Billy L. Davis, secured by a mortgage dated July 20, 1994 (Exh. A of the complaint), in the total principal amount of $36,580.00. The mortgage was recorded on July 20, 1994 and filed in Wabash County, Illinois, recorded in Book 130, Page 593, as Document No. 10688. The loan is evidenced by a promissory note dated July 20, 1994 (Exh. B). Defendant, Billy L. Davis, defaulted on the note. On August 1, 2008, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Exh. C). The property has been abandoned as set forth in the affidavit of abandonment (Exh. D) dated November 20, 2008.

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: Billly L. Davis a/k/a Bill L. Davis and Susan I. Davis

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

Common address: 727 West First Street, Mt. Carmel, Illinois 62863 Lot Number Twenty-eight (28) of the Kieffer Subdivision, being a part of the Southeast Quarter (SE/4) of the Northwest Quarter (NW/4) of Section 29, Township 1 South, Range 12 West of the Second Principal Meridian, Wabash County, Illinois recorded in Plat Book Two (2) at Page 261, in the Office of the Recorder of Wabash County, Illinois. Permanent Index No. 05-211-29-139-028

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) U.S. Attorney's docket and recording fees..... $380.00

U.S. Marshals costs for service of summons... $852.50

Title expenses $175.00 TOTAL $1,407.50

(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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.