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United States of America v. Kandi M. Peikett

October 31, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KANDI M. PEIKETT, NKA KANDI MELYSSYA FERGUSON, DEFENDANT.



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

E-FILED

Monday, 31 October, 2011 05:10:00 PM

Clerk, U.S. District Court, ILCD

OPINION ENTERING DEFAULT JUDGMENT

The Court now considers Plaintiff United States of America's Motion to Enter Judgment (d/e 10) (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 GRANTED. 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:

I. JURISDICTION

1. The Court has jurisdiction over the subject matter and parties pursuant to 28 U.S.C. §§ 1345 and 1391, respectively. That Defendant, Kandi M. Peikett, nka Kandi Melyssya Ferguson returned her Waiver of Service of Summons on August 2, 2011 pursuant to Federal Rule of Civil Procedure 4 and has acknowledged receipt of the Complaint as shown by the file in this case. Defendant did not thereafter voluntarily appear in these proceedings.

II. EVIDENTIARY FINDINGS

1. Defendant, Kandi M. Peikett, nka Kandi Melyssya Ferguson, executed a mortgage, attached as Exhibit A to the Complaint, dated December 11, 2009, and on December 11, 2009, she executed a note (attached to the Complaint as Exhibit B), in the amount of $67,447.00 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 Defendant as mortgagor. Said mortgage pertaining to the property described herein was recorded, commencing at Page 14823 of Book 709, in the Office of the Adams 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 note and mortgage described in said Complaint.

4. Plaintiff moved the Court 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. That pleading and Affidavit stated that as of September 17, 2011, Plaintiff was owed (via a Note and Mortgage hereinafter described) the sum of $76,115.92, plus a daily per diem accrual of $9.3557 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. That all of the material allegations contained in the Complaint are true and that by virtue of the mortgage and indebtedness thereby secured, Plaintiff, UNITED STATES OF AMERICA, has a valid and subsisting lien arising out of a real estate mortgage on the property described as follows:

The East 10.92 feet of Lot Two (2) and all of Lots Three (3) and Four (4) in Wagy and Havenor Subdivision, Plainville, situated in the County of Adams and State of Illinois; and The East 10.92 feet of the North 82.5 feet of Lot One (1) and all of Lot Eight (8) of Havenor Subdivision, Plainville, Adams County, Illinois Index Nos. 18-0-0771-000-00 and 18-0-0796-000-00

7. That by virtue of the mortgage and the indebtedness thereby secured, as alleged in the Complaint, there is due 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 Recording Notice of a Suit to Foreclose Mortgage ........... $35.00 Escrow Shortage ...................................... $596.11 Late Charges .......................................... $47.19 Interest on Fees ........................................ $67.87 Fees Assessed ....................................... $2,996.94

Total ......................................... $4,093.11

b) Unpaid principal and interest:

Unpaid principal balance .............................. $67,052.48 Accrued interest at $9.3557 per day due and unpaid as of 9/17/11 ............................ $4,970.33

Total amount due Plaintiff as of 9/17/11 exclusive of foreclosure costs .................... $76,115.92

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 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: Kandi M. Peikett, nka Kandi Melyssya Ferguson

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

11. The above-described property is abandoned and Plaintiff is entitled to a shortened redemption period pursuant to 735 ILCS 5/15-1603.

12. The premises which are the subject of this proceeding are valuable, and unless the purchaser, as Plaintiff's assignee, is placed in immediate possession during the 30-day period following the confirmation of the Report of Sale of Real Estate, the premises would be subject to vandalism, waste, loss and possible destruction.

13 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 Plaintiff or other persons having such power, of a right or power to declare immediately due and payable the whole of all indebtedness secured by the mortgage.

14 Any and all notices of default or election to declare the indebtedness due and payable or other notices required to be given ...


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