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United States of America v. Gary J. Beck

April 12, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GARY J. BECK, MARY J. BECK, IRWIN UNION BANK AND TRUST COMPANY, PERSONAL FINANCE COMPANY, AND TAYLOR LAW OFFICES, P.C., DEFENDANTS.



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

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

This cause coming on to be heard upon the plaintiff's complaint, and an order of default having been entered against the Defendants, 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 loan to Marie Mietzner, secured by a mortgagedated August 1, 1977 (Ex. A of the complaint), in the total principal amount of $26,200.00. The mortgage was recorded on August 2, 1977, in Book 553, Page 234, as Document No. 37939. That loan isevidenced by a promissory notedated August 1, 1977 (Ex. D). This loan was assumed by Gary J. Beck and Mary J. Beck, secured by an assumption agreement dated June 30, 1983 (Ex. E). The United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration) made an additional loan to Gary J. Beck and Mary J. Beck, secured by a mortgage dated June 30, 1983 (Ex B & C of the complaint), in the amount of $8,440.00. The June 30, 1983 mortgage was recorded in Mortgage Record Book 683, Page 283, as Document No. 61726, this mortgage was corrected and recorded in Mortgage Record Book 691, Page 266, as Document No. 62741. That loan isevidenced by an assumption agreement dated June 30, 1983 (Ex. E) and a promissory note dated June 30, 1983 (Ex. G). Defendants, Gary J. Beck and Mary J. Beck, defaulted on the note. On March 9, 2011, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Ex. I).

3. That the following are the names of persons 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: Gary J. Beck, Mary J. Beck, Irwin Union Bank and Trust Company, Personal Finance Company, and Taylor Law Offices, P.C.

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: 105 Casa Grande Drive, Watson, Illinois 62473 Lot 13 in CHAPARRAL SUBDIVISION - ADDITION "A" of part of SE 1/4 of the NE 1/4 Sec. 30, T7N, R6E of 3rd P.M., Effingham County, Illinois (reference made to Plat #23-B and Plat Book 11 page 51 in the Recorder's Office of Effingham County), situated in the County of Effingham and State of Illinois.

Property Tax No. 14-21-011-013

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 ..... $380.00 Fee to publish notice of pendency of action . . . $986.70 Title expenses $100.00 TOTAL $1,466.70

(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 .................. $12,233.70 Accrued interest at $3.5796 per day due and unpaid as of March 14, 2012 ............... $1,494.51 Total amount due plaintiff as of March 14, 2012, exclusive of foreclosure costs .............. $13,728.21

(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 ...


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