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United States of America v. Melissa A. Birdwell

June 22, 2011


The opinion of the court was delivered by: Sue E. Myerscough, U.S. District Judge:

Thursday, 23 June, 2011 10:51:49 AM Clerk, U.S. District Court, ILCD


The Court now considers Plaintiff United States of America's Motion to Enter Judgment (d/e 8) (the "Motion"). For the reasons stated below, the Motion is ALLOWED pursuant to Federal Rule of Civil Procedure 55 and 28 U.S.C. § 2001.

In connection with its decision, the Court has considered all of the pleadings and evidence submitted to date. The Court finds as follows:


1. The Court has jurisdiction over the subject matter and parties pursuant to 28 U.S.C. §§ 1345 and 1391, respectively. Defendant, Melissa A. Birdwell, returned Waiver of Service of Summons on April 1, 2011. Defendant has acknowledged receipt of the Complaint pursuant to Federal Rule of Civil Procedure 4. Defendant has not voluntarily appeared in these proceedings.


1. Defendant, Melissa A. Birdwell, executed a mortgage on September 30, 1999. See d/e 1 (Complaint at Exhibit A). On September 30, 1999, Defendant executed a note in the amount of $48,500 secured by the mortgage. Id. at Exhibit B. Plaintiff, acting through the Rural Development, United States Department of Agriculture, was the mortgagee on the mortgage executed by mortgagor Defendant. The mortgage pertaining to the property described herein was recorded on September 30, 1999, commencing at Volume 587, Page 66, as Document No. 413100, in the Office of the Logan County, Illinois, Recorder.

2. Defendant has not responded to the Complaint or the allegations set forth therein. Furthermore, an Entry of Default was entered against Defendant on May 12, 2011. See d/e 6.

3. As was set forth in the Entry of Default, Plaintiff is the owner of the note and mortgage described in the Complaint.

4. Plaintiff's Motion and the attached Affidavit of Colleen Callahan, State Director, Rural Development shows that, as of May 2, 2011, Plaintiff was owed---via a Note and Mortgage hereinafter described---the sum of $54,398.84, plus a daily per diem accrual of $7.4284 thereafter to date of judgment. Defendant has not objected to the Motion or affidavit.

5. Defendant is prohibited from asserting any claim because of her default.

6. All of the material allegations contained in the Complaint are deemed true. By virtue of the mortgage and indebtedness thereby secured, Plaintiff has a valid and subsisting lien arising out of a real estate mortgage on the property described as follows:

Lot 57 in the Maple Grove Subdivision of Lot 17 and a part of Lot 22 of Bernard Sigg's Survey in the City of Lincoln, Logan County, Illinois PIN NO. 54-12-680-057-00

7. By virtue of the mortgage and the indebtedness thereby secured,

Plaintiff is entitled to: a) Fees and Costs:

Docket Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . $350.00 Recording Notice of Foreclosure Lawsuit . . . . . . $38.00 Subsidy Assistance . . . . . . . . . . . . . . . . . . . . $12,576.24 Interest on Fees . . . . . . . . . . . . . . . . . . . . . . . . . $32.32 Fees Assessed . . . . . . . . . . . . . . . . . . . . . . . . . $685.73

Total . . . . . . . . . . . . . . . . . . . . . . . . . . $13,682.29

b) Unpaid Principal and Interest: Unpaid principal balance . . . . . . . . . . . . . . . $37,368.34 Accrued interest at $7.4284 per day due and unpaid as of 5/2/11 . . . . . . . . . . . . . $3,348.21

Total amount due plaintiff as of 5/2/11, exclusive of foreclosure costs . . . . . . . . $54,398.84

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 of procuring abstracts of title, certificates, foreclosure minutes, a title insurance policy, as well as fees, charges, and expenses provided by law incurred by or owing to the U.S. Marshal for the Central District of Illinois (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 of the above-described real estate is: Melissa A. Birdwell

9. Logan 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 Logan County, resulting from taxes, general or special, which are a valid lien against the above-described property.

10. Plaintiff is entitled to a shortened redemption period for the following reasons: (i) the value of the mortgaged real estate as of this date is less than ninety percent (90%) of the amount specified pursuant to the Code of Civil Procedure, 735 ILCS 5/15-1603(d); and (ii) the mortgagee waives any and all rights to a personal judgment for a deficiency against the mortgagor and ...

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