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United States of America v. Matthew J. Kerr

February 13, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MATTHEW J. KERR, DEFENDANT.



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

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

On November 8, 2011, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Matthew J. Kerr. The parcel of property in question is located in Bridgeport, Illinois, which lies within this Judicial District. Defendant was 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 January 19, 2012, pursuant to Federal Rule of Civil Procedure 55(a).

Now before this Court is the government's motion for default judgment under Rule 55(b). Having carefully reviewed the record, the Court GRANTS the motion for default judgment (Doc. 8), after FINDING as follows:

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

2. The USA, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, made a loanto Matthew J. Kerr, secured by a mortgagedated August 8, 2005 (Exh. A of the complaint), in the total principal amount of $29,300.00. The mortgage was recorded on August 8, 2005, in Book 655, Pages 48-54, as Document No. 0068863, in Lawrence County, Illinois. The loan is evidenced by a promissory notedated August 8, 2005 (Exh. B). Defendant, Matthew

J. Kerr, defaulted on the note. On May 20, 2011, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice-of acceleration (Exh. C).

3. The following person may have claimed an interest in the above described property, but is foreclosed from asserting his claim, if any, because of his default in this action:

Matthew J. Kerr

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

Common address: 724 Lanterman Street, Bridgeport, Illinois 62417 Commencing at a point 50 feet West and 120 feet South of the Northwest Corner of Lot 77 in Block 9 in W.B. Gray's Third Addition to the City of Bridgeport, Illinois, thence South along the West line of Lanterman Street 60 feet; thence due West to the East line of Judy Avenue; thence Northeasterly along the East line of Judy Avenue to a point due West of the place of beginning; thence due East to the place of beginning; situated in the County of Lawrence, in the State of Illinois.

Tax ID No. 03-001-291-00

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. $385.00 U.S. Marshals costs for service of summons ...


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