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United States of America v. Sherri Harrison

July 1, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SHERRI HARRISON, DEFENDANT.



The opinion of the court was delivered by: Murphy, District Judge:

JUDGMENT DECREE AND ORDER DIRECTING SALE

On December 17, 2010, Plaintiff United States of America commenced the above-captioned mortgage foreclosure suit against Defendant Sherri Harrison. Harrison was defaulted by the Clerk of Court on February 25, 2011. See Doc. 7. The government now moves for entry of a default judgment under Federal Rule of Civil Procedure 55(b). The motion (Doc. 8) is GRANTED, and IT IS ORDERED AND ADJUDGED:

1. This Court has jurisdiction of the parties to and subject matter of this suit. Harrison was properly served and failed to answer or otherwise enter any appearance.

2. The government, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loanto Harrison, secured by a mortgagedated August 28, 2001, in the total principal amount of $26,420.00. The mortgage was recorded on August 29, 2001. The loan isevidenced by a promissory note dated August 28, 2001. Harrison defaulted on the note. On December 30, 2009, the government, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration.

3. Harrison 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.

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

Common address: 206 East 14th Street, Robinson, Illinois 62454 Beginning at a point 269 feet East of the Southwest corner of Tract 4 in Marna Coombes McHenry Acres, being a part of the Southwest Quarter of the Northwest Quarter of Section Three (3), Township Six (6) North, Range Twelve (12) West of the Second Principal Meridian, thence running East 90 feet along the South line of said Tract 4, thence North 162.86 feet to the North line of said tract, thence West along the North line of said tract 90 feet, thence South 164.07 feet to the place of beginning, situated in Crawford County, Illinois.

Tax I.D. No. 05-4-03-012-085-000

5. By virtue of the mortgage and the indebtedness thereby secured, as alleged in the complaint, the following amounts are due to the government:

(a) For its own use and benefit for the costs of this suit and for: U.S. Attorney's docket and recording fees $380.00 U.S. Marshals costs for service of summons $390.00 Title expenses $375.00 TOTAL $1,145.00

(b) For the use and benefit of the government, 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 $24,271.23 Accrued interest at $4.6276 per day due and unpaid as of March 1, 2011 $2,388.37

Total amount due the government as of March 1, 2011, exclusive of foreclosure costs $26,659.60

(c) In addition, the government 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 and a title insurance policy.

(d) Under the terms of the mortgage, all such advances, costs and other fees, expenses and disbursements are made a lien upon the mortgaged property and the government 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 is ...


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