Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States of America v. Estate of Edward Earl Smith

November 18, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ESTATE OF EDWARD EARL SMITH, ET AL) DEFENDANTS.



The opinion of the court was delivered by: Herndon, Chief Judge:

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

On March 23, 2011, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Estate of Edward Earl Smith, B.C.M.W. Community Services, Inc., City of Centralia, Illinois, State of Illinois Department of Healthcare and Family Services, Unknown Heirs and Legatees of Edward Earl Smith, Deceased, Unknown Owners, and Non-Record Claimants. The parcel of property in question is located in Centralia, Illinois, which lies within this Judicial District. Defendant(s) was/were properly served herein but failed to move, answer, or otherwise plead in response to the complaint. Based on that failure, the USA secured the Clerk's entry of default on October 7, 2011, pursuant to Federal Rule of Civil Procedure 55(a).

Now before this Court is the USA's motion for default judgment under Rule 55(b). Having carefully reviewed the record, the Court GRANTS the motion for default judgment (Doc. 13), after FINDING as follows:

1. This Court has jurisdiction of the parties to and subject matter of this suit. The Defendants were properly served and having failed to answer or otherwise enter any appearance herein, are properly defaulted.

2. The USA, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, made a loanto Edward Earl Smith, secured by a mortgagedated May 21, 2002 (Exh. A of the complaint), in the total principal amount of $33,900.00. The mortgage was recorded on May 28, 2002, in Marion County, Illinois as Document No. 2002R4344. The loan is evidenced by a promissory notedated May 21, 2002 (Exh. B). Defendant, Edward Earl Smith, defaulted on the note. On November 3, 2010, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Exh. C). The property has been abandoned as set forth in the affidavit of abandonment (Exh. D) dated February 9, 2011.

3. The following person/persons may have claimed an interest in the above described property, but are foreclosed from asserting their claim, if any, because of their default in this action: Estate of Edward Earl Smith, B.C.M.W. Community Services, Inc., City of Centralia, Illinois, State of Illinois Department of Healthcare and Family Services, Unknown Heirs and Legatees of Edward Earl Smith, deceased, Unknown Owners, and Non-Record Claimants.

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

Common address: 401 South Perrine, Centralia, Illinois 62801 Lot 24 in Block 2 in Fourth Melrose Place Addition or Subdivision to the City of Centralia, Marion County, Illinois, as shown by Plat recorded in Plat Book 2 page 75. Except all coal and other minerals which underlie or may be produces from said real estate.

Permanent Real Estate Index No. 14-00-071-580

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

(a) U.S. Attorney's docket and recording fees. $380.00 U.S. Marshals costs for service of summons $65.04 Fee to publish notice of pendency of action $453.60

Title expenses $300.00 TOTAL $745.04

(b) For the use and benefit of the USA, 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. . . . ......... $34,620.10 Accrued interest at $6.4377 per day due and unpaid as of November 9, 2011. . . . .... $2,893.15 Total amount due USA as of November 9, 2011, exclusive of foreclosure costs. ......... $37,513.25

(c) In addition, the USA 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.