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United States of America v. Misty F. Tracy and Don L. Tracy

June 25, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MISTY F. TRACY AND DON L. TRACY, DEFENDANTS.



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

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

On January 31, 2012, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Misty F. Tracy and Don L. Tracy. The parcel of property in question is located in Noble, Illinois, which lies within this Judicial District. Defendants 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 15, 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. 9), after FINDING as follows:

1. This Court has jurisdiction of the parties to and subject matter of this suit. 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 Misty F. Tracy and Don L. Tracy, secured by a mortgage dated July 28, 2008 (Exh. A of the complaint), in the total principal amount of $75,000.00. The mortgage was recorded on July 28, 2008, in Mortgage Record Book 2008, pages 7033-7039, as Document No. 1649, Richland County, Illinois. The loan is evidenced by a promissory note dated July 28, 2008 (Exh. B). Defendants, Misty F. Tracy and Don L. Tracy, defaulted on the note. On June 14, 2011, the USA, acting through the United States Department of Agriculture, Rural Development, issued notices of acceleration (Exh. C). The property has been abandoned as set forth in the affidavit of abandonment (Exh. D) dated December 6, 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: Misty F. Tracy and Don L. Tracy

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

Common address: 4207 North Passport Road, Noble, Illinois 62868

A PART OF THE SOUTHEAST QUARTER OF THE

NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, RAGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, RICHLAND COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF

THE NORTHEAST QUARTER OF SAID SECTION 5, THENCE S 88 DEGREES 37' 54" W, 40.0 FEET TO A POINT ON THE WEST LINE OF COUNTY HIGHWAY NO. 9, BEING THE POINT OF BEGINNING; THENCE N 4 DEGREES 25' 50 INCHES W, 496.72 FEET ALONG THE WEST LINE OF COUNTY HIGHWAY NO. 9; THENCE S 88 DEGREES 37' 47" W, 263.33 FEET; THENCE S 4 DEGREES 26' 59" E, 496.72 FEET; THENCE N 88 DEGREES 37' 54" E, 263.15 FEET TO THE POINT OF BEGINNING,

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 ...


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