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United States v. Davis

August 25, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GEORGE T. DAVIS, DEBRA L. DAVIS, AND ILLINOIS DEPARTMENT OF PUBLIC AID, 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 George T. Davis, secured by a mortgage dated August 31, 1987 (Ex. A of the complaint), in the total principal amount of $35,000.00. The mortgage was recorded on August 31, 1987 in Effingham County, Illinois, recorded in Book 796, Page 236, as Document No. 80633. That loans is evidenced by a promissory notedated August 31, 1987 (Ex. B of the complaint). Defendant, George T. Davis, defaulted on the note. On October 28, 2008, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice-of acceleration (Ex. D of the complaint).

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: George T. Davis, Debra L. Davis, and Illinois Department of Public Aid.

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: 304 Vine Street, Watson, Illinois 62473 f/k/a Route #2, Box 91A, Watson, Illinois 62473 Lot 90 of Chaparral Subdivision - Addition "F" of part of Southeast Quarter of the Northeast Quarter, Section 30, Town 7 North, Range 6 East of the Third Principal Meridian, Effingham County, Illinois (reference made to the Plat therefore recorded as Plat #54-A and in Plat Book 12 page 243 in the Recorder's Office of Effingham County), situated in the County of Effingham and State of Illinois.

Property Tax No. 14-21-013-026

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..... $380.00 U.S. Marshals costs for service of summons... $702.10 TOTAL $1,082.10

(b) For the use and benefit of the 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.................. $25,997.21 Accrued interest at $6.2558 per day due and unpaid as of August 13, 2009.............. $2,528.73 Total amount due plaintiff as of August 13, 2009, exclusive of foreclosure costs.............. $28,525.94

(c) In addition, the 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 real estate and the 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 therein, at the statutory judgment rate, from the date on which such advances are made.

(e) In order to protect the lien of the mortgage, it may or has become necessary for plaintiff to pay taxes and assessments which have been or may be ...


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