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Unitedstates of America v. Jeremiah Guss

August 24, 2011

UNITEDSTATES OF AMERICA, PLAINTIFF,
v.
JEREMIAH GUSS, KHARISSA COOPER, MADISON COUNTY COMMUNITY DEVELOPMENT, AND MEADOWBROOK PUBLIC WATER DISTRICT, DEFENDANTS.



The opinion of the court was delivered by: J. Phil Gilbert District Judge

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

This matter comes before the Court on the United States of America's Motion for Default Judgment (Doc. 22). Being fully advised of the premises and for good cause shown, the Court GRANTS the instant motion (Doc. 22). Specifically, this cause coming on to be heard upon the plaintiff's complaint, and an order of default having been entered against the defendants, Jeremiah Guss, Kharissa Cooper and Meadowbrook Public Water District, the Court finds:

1. That it has jurisdiction of the parties to and subject matter of this suit. The defendants have each been properly served and having failed to answer or otherwise enter any appearance herein, although the time for answering having expired, are ordered defaulted.

2. The United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loanto Jeremiah Guss and Kharissa Cooper, secured by a mortgagedated January 6, 2006 (Ex. A of the complaint), in the total principal amount of $115,900.00. The mortgage was recorded on January 13, 2006 in Madison County, Illinois, in Document No. 2006R02136. That loan isevidenced by a promissory note dated January 6, 2006 (Ex. B). Defendants, Jeremiah Guss and Kharissa Cooper, defaulted on the note. On August 24, 2009, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice-of acceleration (Ex. C).

3. That the following are the names of persons who that 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: Jeremiah Guss, Kharissa Cooper, and Meadowbrook Public Water District.

4. That by virtue of the mortgage and indebtedness thereby secured, the plaintiff, United States of America, has a valid and subsisting lien as follows: Common address: 306 South Neunaber, Bethalto, Illinois 62010 The West 125.16 feet of Lot 121 in South Meadowbrook, a subdivision in the Southeast Quarter of Section 8, Township 5 North, Range 8 West of the Third Principal Meridian, according to the plat thereof recorded in Plat Book 18 Page 32, (except coal and other minerals underlying said premises with the right to mine and remove same), in Madison County, Illinois. Permanent Parcel No. 15-2-09-08-04-406-001006.

5. That by virtue of the mortgage and the indebtedness thereby secured, as alleged in the Complaint, there is due the plaintiff, the 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 and recording fees ..... $378.00 U.S. Marshals costs for service of summons . . . $511.32 Title expenses $315.00 TOTAL $1,232.32

(b) For the use and benefit of the plaintiff, 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 .................. $114,912.06 Accrued interest at $16.8499 per day due and unpaid as of July 12, 2011 ................ $13,548.65 Total amount due plaintiff as of July 12, 2011, exclusive of foreclosure costs .............. $128,460.71

(c) In addition, the 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 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 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 is provided therein, at the statutory judgment rate, from the date on which such advances are made.

(e) In order to protect the lien of the mortgage, it may or has become necessary for plaintiff 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, it may also become necessary for the plaintiff to make such repairs to the real estate as may reasonably be deemed 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 ...


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