Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Dunn

June 17, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOHN L. DUNN, ROBIN A. DUNN, AND AMERICAN GENERAL FINANCIAL SERVICES OF ILLINOIS INC., DEFENDANTS.



The opinion of the court was delivered by: J. Phil Gilbert District Judge

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

This matter comes before the Court on plaintiff's Motion for Default Judgment (Doc. 11). For the following reasons, the Court 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 over the parties 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 John L. Dunn and Robin A. Dunn, secured by a mortgagedated June 20, 1996 (Ex. A of the complaint), in the total principal amount of $31,780.00. The mortgage was recorded on June 20, 1996. That loan is evidenced by a promissory notedated June 20, 1996 (Ex. B). Defendants, John L. Dunn and Robin A. Dunn, defaulted on the note. On July 17, 2009, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice-of acceleration (Ex. C). The property has been abandoned as set forth in the affidavit of abandonment (Ex. D) dated September 1, 2009.

3. That the following are the names of persons who 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: John L. Dunn, Robin A. Dunn, and American General Financial Services of Illinois, Inc.

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: 403 West Fourth Street, Mt. Carmel, Illinois 62863 The North Half of Sublot 7 of Outlot 204 in the City of Mt. Carmel, as shown on plat recorded in Deed Record "O", Page 466, in the Office of the Recorder of Wabash County, Illinois, situated in the County of Wabash and State of Illinois.

Permanent Index No. 05-211-29-204-010

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 . . . $365.00 Title expenses $228.00 TOTAL $973.00

(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 .................. $31,084.64

Accrued interest at $5.7464 per day due and unpaid as of May 18, 2010 ................. $3,002.61 Total amount due plaintiff as of May 18, 2010, exclusive of foreclosure costs .............. $35,060.25

(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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.