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United States v. Young

September 1, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KAREN E. YOUNG, A/K/A KAREN E. KENSLER, GARY W. YOUNG, MARK KENSLER, COMMUNITY BANK & TRUST, NA, N/K/A FIRST FINANCIAL BANK, UNKNOWN HEIRS OR LEGATEES OF GARY W. YOUNG, UNKNOWN OWNERS, AND NON- RECORD CLAIMANTS, DEFENDANTS, AND FIRST FINANCIAL BANK, N.A., DEFENDANT/CROSS- CLAIMANT/COUNTER- CLAIMANT,
v.
UNKNOWN OWNERS, NON-RECORD CLAIMANTS, KAREN E. YOUNG, AND MARK KENSLER, CROSS-DEFENDANTS, AND UNITED STATES OF AMERICA, COUNTER-DEFENDANT.



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

JUDGMENT DECREE AND ORDER DIRECTING SALE

On April 14, 2008, this Court entered a Judgment Decree and Order Directing Sale of Property (Doc. 28) and the Court approved the United States Marshal's Report of Sale on July 23, 2008 (Doc. 34). On September 4, 2008, First Financial Bank, N.A. ("First Financial), filed a motion for default judgment on its counterclaim and cross-claim for foreclosure (Doc. 35). The Court dismissed this motion because it believed it lack jurisdiction to consider it, but later reconsidered this ruling and directed the entry of judgment in favor of First Financial Bank, N.A. ("First Financial"), and against Karen Young Kensler, f/k/a Karen Young, Mark Kensler, Unknown Owners and Non-Record Claimants in the amount of $13,364.82, plus interest at the rate of $2.15 per day from September 5, 2008 (see Docs. 39, 40). First Financial now seeks a modification of the Court's judgment to include relief by way of foreclosure of First Financial's mortgage lien on the premises described in the cross-claim and counterclaim (see Doc. 8) filed by First Financial (Doc. 41). While not easily discerned from the pleadings, at a hearing on August 31, 2009, counsel for First Financial and counsel for the Government explained that the Government's mortgage and First Financial's mortgage involve different tracks of land.

All named Counter-Defendants an Cross-Defendants have been served. Only the United States of America has entered an appearance or answered. After considering the entire record, the Court makes the following findings:

1. The Court has jurisdiction of the parties and the subject matter.

2. The following Cross-Defendants are in default: Karen E. Young, a/k/a Karen E. Kensler; Unknown Tenants; and Unknown Owners.

3. The material averments of First Financial's counterclaim and cross-claim have been proven or are deemed to be true.

4. First Financial's Motion for Judgment of Foreclosure (Doc. 41) is GRANTED.

5. As of June 16, 2009, First Financial is owed under the mortgage, for principal, interest, late fees, attorney fees and Court costs, the sum of $14,204.76, computed as follows: Principal.................$10,664.61 Interest................... 1,914.90 Late Charges................ 176.75 Real Estate Inspection............ 75.00 Title Fees................. 1,163.85 Total .................$14,204.76 plus attorney's fees, costs, and continued interest accruing at $21.34 per day from and after June 16, 2009.

6. First Financial is the legal holder of the underlying notes and instruments securing same, as set forth in the counterclaim and cross-claim for foreclosure.

7. The mortgage lien of First Financial is paramount and superior to any right, title or interest of any other party to this cause with respect to the premises at issue.

8. The attorney fees and costs claimed by and for First Financial are reasonable and authorized to be recovered.

IT IS THEREFORE, HEREBY ORDERED, ADJUDGED, AND DECREED as follows:

a) A Judgment of Foreclosure is hereby entered on the counterclaim and cross-claim for foreclosure against all Counter-Defendants and Cross-Defendants and against the property located at R. R. 1, Box 197, Bridgeport, IL 62417.

b) First Financial is entitled to recover the respective sums shown above, plus interest at the respective per diem rates stated above, ...


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