The opinion of the court was delivered by: Sue E. Myerscough, U.S. District Judge:
E-FILED Thursday, 20 October, 2011 09:37:46 AM Clerk, U.S. District Court, ILCD
The Court now considers Plaintiff United States of America's Motion to Enter Judgment (d/e 15) (hereinafter the "Motion"). Pursuant to Federal Rule of Civil Procedure 55, 28 U.S.C. § 2001, and for the reasons stated below, the Motion is ALLOWED. In connection with its decision, the Court has considered all of the pleadings and evidence submitted to date. Based thereon, the court makes these FINDINGS:
1. The Court has jurisdiction over the subject matter and parties pursuant to 28 U.S.C. §§ 1345 and 1391, respectively. That Defendant Andrew J. Sloat returned his Waiver of Service of Summons (d/e 7) on 4/18/11 pursuant to Federal Rule of Civil Procedure 4 and has acknowledged receipt of the complaint as shown by the file in this case. Defendant City of Clinton returned the Waiver of Service of Summons (d/e 6) signed by attorney Stephen R. Myers on behalf of the City of Clinton on 4/19/11 pursuant to Federal Rule of Civil Procedure 4 and has acknowledged receipt of the complaint as shown by the file in this case. Defendant Karra Shannon was personally served with Summons and Complaint by the United States Marshal on August 16, 2011 (d/e 11), and did not thereafter voluntarily appear in these proceedings. Defendants have acknowledged receipt of the Complaint pursuant to Federal Rule of Civil Procedure 4. Defendants have not voluntarily appeared in these proceedings.
1. Defendants, Karra R. Shannon and Andrew J. Sloat, executed a mortgage, attached as Exhibit A to the complaint, dated March 1, 2007, and on March 1, 2007 and July 19, 2007, they executed notes (attached to the complaint as Exhibits B and C), in the amount of $73,588.00 and $2,077.00, respectively, secured by said mortgage. The UNITED STATES OF AMERICA, acting through the RURAL DEVELOPMENT, UNITED STATES DEPARTMENT OF AGRICULTURE, was the mortgagee on said mortgage executed by said defendants as mortgagors. Said mortgage pertaining to the property described herein was recorded on March 1, 2007 as Document No. 218254, in the Office of the DeWitt County, Illinois, Recorder.
2. The material factual allegations stated in the complaint filed herein have not been denied in any responsive pleading.
3. Plaintiff is the owner of the notes and mortgage described in said complaint.
4. Plaintiff moved the court to enter a Default Judgment of Foreclosure in this cause and has filed with said Motion an Affidavit of Costs by Julie K. Wilson, Acting State Director, Rural Development. The Motion and Affidavit stated that as of September 15, 2011, Plaintiff was owed (via the Note and Mortgage herein described) the sum of $66,471.21, plus a daily per diem accrual of $11.7791 thereafter to date of judgment and no objection being made to said Motion or Affidavit of said Motion, said Motion is allowed and Affidavit admitted into evidence in this cause.
5. The following are names of persons who 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: City of Clinton.
6. All of the material allegations contained in the complaint are true and that by virtue of the mortgage and indebtedness thereby secured, the plaintiff, UNITED STATES OF AMERICA, has a valid and subsisting lien arising out of a real estate mortgage on the property described as follows:
Lot 13 in Block 4 in McCuddy's Addition to the City of Clinton, Situated in the County of DeWitt and State of Illinois.
7. By virtue of the mortgage and the indebtedness thereby secured, as alleged in the complaint, there is due the plaintiff, 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 Fee . . . . . . . . . . . . . . . . . . . . $350.00 U.S. Marshals' Costs for Service of Summons . . . . . $213.96 Recording Notice of a Suit to Foreclose Mortgage . . . $18.00
Total Court Costs . . . . . . . . . . . . . . . . . . . . . . $581.96
b) Unpaid principal and interest: Unpaid principal balance . . . . . . . . . . . . . . . $66,471.21 Accrued interest at $11.7791 per day due and unpaid as of 9/15/11 . . . . . . . . . . . . $9,991.14 Subsidy recapture . . . . . . . . . . . . . . . . . . . . . $4,628.10 Late Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $74.00 Escrow Shortage . . . . . . . . . . . . . . . . . . . . . . . . $720.22 Interest on Fees . . . . . . . . . . . . . . . . . . . . . . . . $555.96 Fees Assessed . . . . . . . . . . . . . . . . . . . . . . . . . $8,252.56
Total amount due plaintiff as of 9/15/11, exclusive of foreclosure costs . . . . . . . . $91,275.15
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 and fees, charges, and expenses provided by law incurred by or owing to the United States 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 owners of the above-described real estate are: Karra R. Shannon and Andrew J. Sloat.
9. DeWitt 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 DeWitt County, resulting from taxes, general or special, which are a valid lien against the above-described property.
10. City of Clinton, claims an interest in these proceedings by virtue of a Notice of Lien filed and recorded October 13, 2009, in Book 367, at page 339, as Document No. 227768 for water and sewerage in the amount of $192.80. The interest of said defendant is inferior to that of the plaintiff.
11. 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 mortgagors and against all other persons liable for the indebtedness or other obligations secured by the mortgage.
12. By reason of the defaults alleged and proved, if the indebtedness had not matured by its terms, the same became due by the exercise, by the plaintiff or other persons having such power, of a right or power to declare immediately due and ...