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United States of America v. Seth A. Garner and Alyssa A. Garner F/K/A Alyssa A. Jackson

May 27, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SETH A. GARNER AND ALYSSA A. GARNER F/K/A ALYSSA A. JACKSON, DEFENDANTS.



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

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

On February 14, 2011, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Seth A. Garner and Alyssa A. Garner f/k/a Alyssa A. Jackson. The parcel of property in question is located in Marshall, 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 April 22, 2011, pursuant to Federal Rule of Civil Procedure 55(a).

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. 9), 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 Seth A. Garner and Alyssa A. Jackson, secured by a mortgagedated December 31, 2003 (Exh. A of the complaint), in the total principal amount of $56,200.00. The mortgage was recorded on December 31, 2003, in Book 417, pages 79-84 as Document No. 55756 in Clark County, Illinois. The loan isevidenced by a promissory notedated December 31, 2003 (Exh. B). Defendants, Seth A. Garner and Alyssa A. Garner f/k/a Alyssa A. Jackson, defaulted on the note. On November 30, 2009, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Exh. C). The property has been abandoned as set forth in the affidavit of abandonment (Exh. D) dated January 4, 2011.

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:

Seth A. Garner and Alyssa A. Garner f/k/a Alyssa A. Jackson

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

Common address: 1215 Plum Street, Marshall, Illinois 62441 Lot One (1) in Block Thirty (30) in William B. Archer's First Addition to the Town (now City) of Marshall, Clark County, Illinois.

Property Tax No. 08-08-13-15-405-004

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 Title expenses $300.00 TOTAL $680.00

(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. . . . ......... $53,066.85 Accrued interest at $8.3891 per day due and unpaid as of May 18, 2011. . . ......... $5,329.82 Total amount due USA as of May 18, 2011, exclusive of foreclosure costs. ......... $58,396.67

(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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