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United States v. Taylor

May 14, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DERRICK W. TAYLOR AND BROOKE N. TAYLOR, 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 matter comes before the Court on the Government's Motion for Entry of Judgment (Doc. 13). For the following reasons, the Court, inter alia, GRANTS the instant motion.

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 Derrick W. Taylor and Brooke N. Taylor, secured by a mortgage dated December 9, 2003, (Ex. A of the complaint), in the total principal amount of $50,000.00. The mortgage was recorded on December 9, 2003. That loan isevidenced by a promissory notedated December 9, 2003 (Ex. B). Defendants, Derrick W. Taylor and Brooke N. Taylor, defaulted on the note. On July 14, 2009, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Ex. C).

3. That the following are the names of persons 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: Derrick W. Taylor and Brooke N. Taylor

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: 205 Center Street, Wayne City, Illinois 62895 Lot Number 133, less 75 feet off the West side thereof and also less 75 feet off the East side thereof in Scudamore's Ninth Addition to the Village of Wayne City, Illinois; according to the Plat thereof recorded in the Recorder's Office of Wayne County, Illinois, in Plat Record "A" on page 97.

Tax ID No. 19-97-071-017

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 $375.00 U.S. Marshals costs for service of summons $450.00 Title expenses $256.25 TOTAL $1,081.25

(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 $46,113.66 Accrued interest at $6.8025 per day due and unpaid as of April 26, 2010 $4,276.47 Total amount due plaintiff as of April 26, 2010, exclusive of foreclosure costs $50,390.13

(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 ...


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