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United States of America v. John E. Young

May 9, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOHN E. YOUNG, SR., D/B/A SKD CONSTRUCTION, STACY Y. YOUNG, DEAN GREENWALT, CARL SPOOR AND LUCILLE SPOOR, DEFENDANTS.



The opinion of the court was delivered by: Sue E. Myerscough United States District Judge

E-FILED

Monday, 09 May, 2011 11:46:34 AM

Clerk, U.S. District Court, ILCD

OPINION

SUE E. MYERSCOUGH, U.S. District Judge:

The Court now considers Plaintiff United States of America's Motion to Enter Judgment (d/e 24) (hereinafter the "Motion"). Pursuant to Federal Rule of Civil Procedure 55, 28 U.S.C. § 2001, and for the reasons stated below, the Motion is ALLOWED. In connection with its decision, the Court has considered all of the pleading and evidence submitted to date. Based thereon, the Court makes these FINDINGS:

I. JURISDICTION

1. The Court has jurisdiction over the subject matter and parties pursuant to 28 U.S.C. §§ 1345 and 1391, respectively. Defendants John E. Young, Sr. and Stacy Y. Young each returned a Waiver of Service of Summons on March 7, 2011. Defendant Dean Greenwalt returned a Waiver of Service of Summons on February 11, 2011. Defendant Carl Spoor returned a Waiver of Service of Summons on December 7, 2010, and Defendant Lucille Spoor returned Waiver of Service of Summons on January 26, 2011. Each Defendant has acknowledged receipt of the Complaint pursuant to Federal Rule of Civil Procedure 4. No Defendant has voluntarily appeared in these proceedings.

II. EVIDENTIARY FINDINGS

1. Defendants John E. Young, Sr. and Stacy Y. Young executed a mortgage (attached as Exhibit A to the Complaint) dated January 10, 2006, and on that date they executed a note (attached to the Complaint as Exhibit B) in the amount of $38,000 secured by said mortgage. The UNITED STATES OF AMERICA, acting through the RURAL DEVELOPMENT,

UNITED STATES DEPARTMENT OF AGRICULTURE, was the mortgagee on said mortgage executed by said Defendants as mortgagors. Said mortgage pertaining to the property described herein was recorded on January 11, 2006, as Document No. 455939, in the Office of the Macoupin County, Illinois, Recorder.

2. The material factual allegations stated in the Complaint filed herein have not been denied in any responsive pleading.

3. Plaintiff is the owner of the note and mortgage described in said complaint.

4. Plaintiff moved the Court enter a Default Judgment of Foreclosure and filed with said Motion an Affidavit of Costs by Patrick M. Lydic, Acting State Director, Rural Development. That pleading and affidavit stated that as of March 14, 2011, Plaintiff was owed (via a Note and Mortgage hereinafter described) the sum of $53,078.11, plus a daily per diem accrual of $6.1172 thereafter to date of judgment, and no objection being made to said Motion or Affidavit of said Motion, said Motion is allowed and Affidavit admitted into evidence in this cause.

5. That the following are 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 E. Young, Sr., Stacy Y. Young, Dean Greenwalt, Carl Spoor and Lucille Spoor.

6. That all of the material allegations contained in the Complaint are true and that by virtue of the mortgage and indebtedness thereby secured, the plaintiff, UNITED STATES OF AMERICA, has a valid and subsisting lien arising out of a real estate mortgage on the property described as follows:

Lots Numbered Eight (8), Nine (9), Ten (10) and Eleven (11) in Block Numbered Two (2) in Lewis and Ways Addition to the Town, now City of Girard, Illinois.

Excepting such coal, mineral and mining rights as have been heretofore conveyed of record.

PIN NOS. 07-001-133-00, 07-001-134-00, 07-001-135-00, 07-001-136-00

7. That by virtue of the mortgage and the indebtedness thereby secured, as alleged in the Complaint, there is due the plaintiff, 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 Fee . . . . . . . . . . . . . . . $350.00 Recording Notice of Suit to Foreclose Mortgage $55.00

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . $405.00

b) Unpaid principal and interest: Unpaid principal balance . . . . . . . . . . . . . . . $41,114.71 Accrued interest at $6.1172 per day due and unpaid as of 4,336.68 . . . . . . . . . . . $4,336.68 Subsidy recapture . . . . . . . . . . . . . . . . . . . . . $1,085.94 Late Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . $41.23 Interest on Fees . . . . . . . . . . . . . . . . . . . . . . . . $293.80 Fees Assessed . . . . . . . . . . . . . . . . . . . . . . . . . $5,800.75

Total amount due plaintiff as of March 14, 2011, exclusive of foreclosure costs . . . . . . . . $53,078.11

c) In addition, 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 or procuring abstracts of title, certificates, foreclosure minutes, a title insurance policy and fees, charges, and expenses provided by law incurred by or owing to the U.S. Marshal, including such fees and expenses relating to conducting of the judicial sale as required by this judgment of foreclosure.

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, from the date on which such advances are made.

e) In order to protect the lien of the mortgage, Plaintiff may necessarily have to pay taxes and assessments which have been or may be levied upon the mortgaged real estate.

f) In order to protect and preserve the mortgaged real estate, Plaintiff may have to make such repairs to the real estate as may reasonably be deemed necessary for the proper preservation thereof.

g) Under the terms of the mortgage, any money so paid or expended has or will become an additional indebtedness secured by the mortgage and will bear interest from the date such monies are advanced at the rate provided in the mortgage, or, if no rate is provided, at the statutory judgment rate.

8. The present owner(s) of the above-described real estate is/are: John E. Young, Sr. and Stacy Y. Young

9. Macoupin County, Illinois, has a valid lien on the above-described property for taxes for the years 2010 and 2011, and the property will be sold subject to the interest of Macoupin County, resulting from taxes, general or special, ...


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