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United States v. Albright

February 5, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CHRISTOPHER ALBRIGHT, DEFENDANT.



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 Defendant, the Court finds:

1. That it has jurisdiction of the parties to and subject matter of this suit. The Defendant having waived service and having failed to answer or otherwise enter any appearance herein, although the time for answering having expired, has been ordered defaulted.

2. The United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loan to Christopher Albright, secured by a mortgage dated January 23, 2006 (Ex. A of the complaint), in the total principal amount of $90,600.00. The mortgage was recorded on January 30, 2006, as Document No. 200600470 in Jefferson County, Illinois. That loan isevidenced by a promissory note dated January 23, 2006 (Ex. B of the complaint). Defendant, Christopher Albright, defaulted on the note. On October 30, 2008, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Ex. C of the complaint). The property has been abandoned as set forth in the affidavit of abandonment (Ex. D of the complaint) dated May 14, 2009.

3. That the following named person that may have claimed an interest in the above described property, but who is foreclosed from asserting his claim, if any, because of his default in this action: Christopher Albright

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: 21001 North Dix-Texico Road, Texico, Illinois 62889

Beginning at the Southeast corner of the South 25 acres of the Northeast Quarter of the Southeast Quarter of Section 17, Township 1 South, Range 3 East of the Third Principal Meridian, Jefferson County, Illinois, for a point of beginning for this description; running thence West along the South boundary line of said 25 acre tract, a distance of 466.70 feet; thence due North, parallel with the East line of said 25 acre tract, a distance of 330.70 feet to the South line of a 5 acre tract of land previously conveyed; thence due East, parallel with the South line of said 25 acre tract, a distance of 466.70 feet to the East line of said 25 acre tract; thence due South along the East line of the said 25 acre tract, a distance of 330.70 feet to the point of beginning, containing approximately 3.5 acres, more or less. Subject to all public and private roads and easements. Except all the coal, oil, gas and other minerals together with the right to mine and remove the same and subject to all rights and easements in favor of the owner of the mineral estate or of any party claiming by, through or under said estate.

Tax ID No. 03-17-400-012

In further consideration of and as further security for the above described loans borrower hereby pledges the mobile home/manufactured home, model DW, make Redman New Moon, and serial number 11268165.

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 ..... $398.00 Title expenses $75.00 TOTAL $473.00

(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 .................. $90,543.27 Accrued interest at $13.2551 per day due and unpaid as of January 27, 2010 .............. $7,884.55 Total amount due plaintiff as of January 27, 2010, exclusive of foreclosure costs .............. $98,427.82

(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 ...


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