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United States of America v. Donna E. Clark

May 13, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DONNA E. CLARK, DEFENDANT.



The opinion of the court was delivered by: Herndon, Chief Judge:

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

On or about November 18, 2010, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Donna E. Clark. The parcel of property in question is located in Centralia, Illinois, which lies within this Judicial District. Defendantwas 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 March 15, 2011, pursuant to Federal Rule of Civil Procedure 55(a).

Now before this Court is the USA's amended motion for entry of default judgment pursuant to Rule 55(b). Having carefully reviewed the record, the Court GRANTS the amended motion for default judgment (Doc. 10), after FINDING as follows:

1. This Court has jurisdiction of the parties to and subject matter of this suit. The Defendant was properly served and having failed to answer or otherwise enter any appearance herein, is properly defaulted.

2. The USA, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, made a loanto Donna E. Clark, secured by a mortgagedated August 31, 1999 (Ex. A of the complaint), in the total principal amount of $60,436.00. The mortgage was recorded on September 2, 1999, as Document No. 1999R6870 in Marion County, Illinois. The loan isevidenced by promissory notes dated August 31, 1999 (Ex. B); May 26, 2005 (Ex. C); June 1, 2005 (Ex. D); and July 10, 2007 (Ex. E).DefendantDonna E. Clark defaulted on the notes. On August 22, 2009, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice-of acceleration (Ex. F). The property has been abandoned as set forth in the affidavit of abandonment dated July 26, 2010 (Ex. G).

3. The following person may have claimed an interest in the above described property, but is foreclosed from asserting her claim, if any, because of her default in this action: Donna E. Clark.

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

Common address: 1219 South Lincoln, Centralia, Illinois, 62801 Lot 40 of Block 2 of the Revised Plat of Block 2 of Circle Drive Subdivision of the City of Centralia, 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, as to all aforementioned property.

Permanent Real Estate Index Number: 14-00-072-230

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. Marshal's costs for service of summons $470.00 Title expenses ........................................... $200.00 TOTAL .............................................. $1,050.00

(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 .......................... $56,139.25 Accrued interest at ...


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