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United States v. Holsapple

August 20, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MARGUERITE E. HOLSAPPLE, AND ILLINOIS DEPARTMENT OF HEALTH- CARE AND FAMILY SERVICES, DEFENDANTS.



The opinion of the court was delivered by: David R Herndon Chief Judge United States District Court

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

Herndon, Chief Judge

On December 4, 2009, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Marguerite E. Holsapple and Illinois Department of Healthcare and Family Services. 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 June 3, 2010, pursuant to Federal Rule of Civil Procedure 55(a). The USA has further complied with all of the requirements of Local Rule 55.1.

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. 12 & 14), 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 Lori L. Schnake, this loan was assumed by Marguerite E. Holsapple, secured by a mortgagedated September 14, 1995 (Exh. B) of the complaint), in the total principal amount of $42,180.00. The mortgage was recorded in Book 422, Page 541, as Document No. 2275 on April 12, 1990, this mortgage was assumed and recorded as Document No. 1995R6239 on September 14, 1995, filed in Marion County, Illinois. The loan is evidenced by a promissory notes dated April 12, 1990 (Exh. C) and September 14, 1995 (Exh. E). Defendant, Marguerite E. Holsapple, defaulted on the note. On July 30, 2009, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Exh. F). The property has been abandoned as set forth in the affidavit of abandonment (Exh. G) September 3, 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: Marguerite E. Holsapple and Illinois Department of Healthcare and Family Services

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

Common address: 532 Kristy Drive, Centralia, Illinois 62801 Lot 21 of Brookhaven Subdivision, Phase I, being a part of the Southeast Quarter of the Southeast Quarter of Section 17, Township 1 North, Range 1 East of the Third Principal Meridian, Marion County, Illinois. 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.

Permanent Index No. 14-00-079-060

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 ..... $380.00 U.S. Marshals costs for service of summons . . . $300.62 Title expenses $175.00 TOTAL $855.62

(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 .................. $41,512.15 Accrued interest at $8.3037 per day due and unpaid as July 15, 2010 ................... $4,609.76 Total amount due USA as of July 15, 2010, exclusive of foreclosure costs .............. $46,121.91

(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 ...


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