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United States v. Kaczur

December 1, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RAYMOND J. KACZUR, DEBRA J. KACZUR, AND FARMERS STATE BANK OF HOFFMAN DEFENDANTS.



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

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

On May 28, 2009, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Raymond J. Kaczur and Debra J. Kaczur. On July 15, 2009, the United States of America ("USA") amended the above-captioned mortgage foreclosure suit to include Farmers State Bank of Hoffman The parcel of property in question is located in Centralia, 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 October 5, 2009 and October 7, 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. 16), 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 loan to Debra S. Gormann, secured by a mortgage dated March 20, 1986 (Exh. A of the complaint), in the total principal amount of $43,000.00. This mortgage was assumed by Bobbi L. Upchurch (Exh. E), secured by a mortgage dated July 3, 1991 (Exh. B) with an additional $2,500.00 (Exh. F). This mortgage was assumed by Raymond J. Kaczur and Debra J. Kaczur (Exh. G), secured by a mortgage dated October 1, 1992 (Exh. C) with an additional $1,500.00 (Exh. H). The mortgages were recorded in Marion County in Book 388, Page 742 on March 20, 1986 this mortgage was assumed (Exh. A) and recorded on July 3, 1991 as Document No. 91-4545, this loan was assumed and recorded on October 1, 1992 as Document No. 1992R7152. These are evidenced by promissory notes dated March 20, 1986 (Exh. D), July 3, 1991 (Exh. F), and October 1, 1992 (Exh. H). Defendants, Raymond J. Kaczur and Debra J. Kaczur, defaulted on the note. On August 4, 2008, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Exh. I). The property has been abandoned as set forth in the affidavit of abandonment (Exh. J) dated March 18, 2009.

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: Raymond J. Kaczur, Debra J. Kaczur, and Farmers State Bank of Hoffman.

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

Common address: 715 East Calumet, Centralia, Illinois 62801 A part of the East Half of the West Half of the Northeast Quarter of the Northeast Quarter of Section 19, Township 1 North, Range 1 East of the Third Principal Meridian, Marion County, Illinois, more particularly described as follows, to-wit: Commencing 265 feet West of the Northeast corner of the said East Half of the West Half of the Northeast Quarter of the Northeast Quarter for a beginning point; thence West 65 feet; thence South parallel with the said Quarter Section line 140 feet; thence East 65 feet; thence North 140 feet to the point of beginning. 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. 14-19-000-013

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..... $410.00 U.S. Marshals costs for service of summons... $225.60 Title expenses $206.00 TOTAL $841.60

(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 mentioned in subparagraph (a) of this paragraph: Unpaid principal balance.................. $39,972.06 Accrued interest at $8.4603 per day due and unpaid as of November 18, 2009............ $4,330.01 Total amount due USA as of November 18, 2009, exclusive of foreclosure costs.............. $44,302.07

(c) In addition, the USA 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 ...


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