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United States of America v. Daniel K. Swartzbaugh and Nicole L. Swartzbaugh A/K/A Nichole L.

June 25, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DANIEL K. SWARTZBAUGH AND NICOLE L. SWARTZBAUGH A/K/A NICHOLE L. SWARTZBAUGH, DEFENDANTS.



The opinion of the court was delivered by: David R. Herndon Chief Judge United States District Court

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY Herndon, Chief Judge:

On January 27, 2012, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Daniel K. Swartzbaugh and Nicole L. Swartzbaugh a/k/a Nichole L. Swartzbaugh. The parcel of property in question is located in Olney, 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 May 14, 2012, 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. 10), 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 loan to Daniel K. Swartzbaugh and Nicole L. Swartzbaugh a/k/a Nichole L. Swartzbaugh, secured by a mortgage dated December 19, 2007 (Exh. A of the complaint), in the total principal amount of $63,000.00. The mortgage was recorded on December 19, 2007 in Mortgage Record Book 2007, Pages 13293-13299, as Document No. 2870, in Richland County, Illinois. The loan is evidenced by a promissory note dated December 19, 2007 (Exh. B). Defendants, Daniel K. Swartzbaugh and Nicole L. Swartzbaugh a/k/a Nichole L. Swartzbaugh, defaulted on the note. On July 25, 2011, 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 December 5, 2011.

3. The following 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: Daniel K. Swartzbaugh and Nicole L. Swartzbaugh a/k/a Nichole L. Swartzbaugh

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

Common address: 500 East Locust Street, Olney, Illinois 62450 LOT TEN (10) IN H.L. RITTERS SURVEY MORE PARTICULARLY DESCRIBES AS: BEGINNING AT A STEEL TEE ON THE NORTH LINE OF EAST LOCUST STREET SITUATED 25' NORTH AND 26.6' EAST OF AN IRON PIN MARKING THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN IN AFORESAID CITY OF OLNEY, ILLINOIS, THENCE BEARING NORTH 84°43' EAST ALONG SAID NORTH LINE OF EAST LOCUST STREET A DISTANCE OF 100' TO AN IRON PIPE; THENCE NORTH 5°17' WEST AT RIGHT ANGLES TO SAID EAST LOCUST STREET, 105.0' TO AN IRON PIPE; THENCE SOUTH 84.43' WEST PARALLEL WITH SAID EAST LOCUST STREET 96.12' TO A STEEL TEE, THENCE BEARING SOUTH 3°10' EAST PARALLEL WITH THE CENTER OF NORTH SILVER STREET, A DISTANCE OF 105.07' TO THE STEEL TEE AT THE POINT OF BEGINNING, AND CONTAINING APPROXIMATELY 0.2364 ACRES AS SHOWN BY SURVEY AND PLAT OF EDGAR N. JOHNSON, REGISTERED ILLINOIS LAND SURVEYOR, DATED MARCH 16, 1961, RECORDED APRIL 12, 1962, IN PLAT RECORD 1 AT PAGE 187, IN THE OFFICE OF THE RECORDER OF RICHLAND COUNTY, ILLINOIS; EXCEPT ANY INTEREST IN THE COAL, OIL, GAS AND OTHER MINERALS UNDERLYING THE LAND WHICH HAVE BEEN HERETOFORE CONVEYED OR RESERVED IN PRIOR CONVEYANCES, AND ALL RIGHTS AND EASEMENTS IN FAVOR OF THE ESTATE OF SAID COAL, OIL, GAS AND OTHER MINERALS, IF ANY.

SITUATED IN THE COUNTY OF RICHLAND AND STATE OF ILLINOIS. TAX NUMBER 06-34-424-010

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. $390.00 U.S. Marshals costs for service of summons$783.00 Title expenses $353.00 TOTAL $1,526.00

(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. . . . ......... $62,431.96 Accrued interest at $10.1336 per day due and unpaid as of May 24, 2012. . . ......... $5,624.43 Total amount due USA as of May 24, 2012, exclusive of foreclosure costs. ......... $68,056.39

(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 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 ...


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