The opinion of the court was delivered by: Sue E. Myerscough, U.S. District Judge:
E-FILED Wednesday, 18 July, 2012 09:34:05 AM Clerk, U.S. District Court, ILCD
The Court now considers Plaintiff United States of America's Motion to Enter Judgment (d/e 13) (hereinafter the "Motion"). Pursuant to Federal Rule of Civil Procedure 55, 28 U.S.C. § 2001, and for the reasons stated below, the Motion is ALLOWED. In connection with its decision, the Court has considered all of the pleadings and evidence submitted to date. Based thereon, the Court makes these FINDINGS:
1. The Court has jurisdiction over the subject matter and parties pursuant to 28 U.S.C. §§ 1345 and 1391, respectively. That the defendant, Pearl M. Overby, by and through Lisa Stuller, Guardian of the Estate of Pearl M. Overby, returned Waiver of Service of Summons on January 19, 2012 pursuant to Federal Rule of Civil Procedure 4 and has acknowledged receipt of the complaint as shown by the file in this case. General Counsel Jeanette Badrov at the Illinois Department of Healthcare and Family Services was personally served with Summons and Complaint by the United States Marshal on March 16, 2012. Defendants have acknowledged receipt of the Complaint pursuant to Federal Rule of Civil Procedure 4. Defendants have not voluntarily appeared in these proceedings.
1. Defendant, Pearl M. Overby and her husband William R. Overby (now deceased), executed a mortgage, attached as Exhibit A to the complaint, dated May 12, 1992, and on May 12, 1992 they executed a note (attached to the complaint as Exhibit B), in the amount of $35,200 secured by said mortgage. The UNITED STATES OF AMERICA, acting through the RURAL DEVELOPMENT, UNITED STATES DEPARTMENT OF AGRICULTURE, was the mortgagee on said mortgage executed by said defendants as mortgagors. Said mortgage pertaining to the property described herein was recorded on May 12, 1992, commencing at Page 107 of Book 6, as Document No. 90821, in the Office of the Greene County, Illinois, Recorder.
2. The material factual allegations stated in the complaint filed herein have not been denied in any responsive pleading.
3. Plaintiff is the owner of the note and mortgage described in said complaint.
4. Plaintiff moved the Court to enter a Default Judgment of Foreclosure in this cause and has filed with said Motion an Affidavit for Judgment by Julie K. Wilson, Acting State Director, Rural Development. That pleading and Affidavit stated that as of June 5, 2012, Plaintiff was owed (via a Note and Mortgage hereinafter described) the sum of $30,499.94, plus a daily per diem accrual of $6.2199 thereafter to date of judgment and no objection being made to said Motion or Affidavit of said Motion, said motion is allowed and Affidavit admitted into evidence in this cause.
5. That the following are names of persons who 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: State of Illinois in Behalf of Illinois Department of Healthcare and Family Services.
6. That all of the material allegations contained in the complaint are true and that by virtue of the mortgage and indebtedness thereby secured, the plaintiff, UNITED STATES OF AMERICA, has a valid and subsisting lien arising out of a real estate mortgage on the property described as follows:
Commencing at the Southeast corner of block "E" in Roodhouse's Continuation of his Seventh Addition to the City of Roodhouse, according to the recorded plat of said addition, thence North One Hundred (100) feet, thence West Eighty (80) feet, thence South One Hundred (100) feet to the south line of said Block "E", thence East along the south line of said Block "E" Eighty (80) feet to the point of beginning, all situated in block "E" in Roodhouse's Continuation of the Seventh Addition to the City of Roodhouse, situated in the City of Roodhouse, County of Greene and State of Illinois.
7. That by virtue of the mortgage and the indebtedness thereby secured, as alleged in the complaint, there is due the plaintiff, 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 Fee . . . . . . . . . . . . . . . $350.00 U.S. Marshals' Costs for Service of Summons . . $56.02 Recording Notice of a Suit to Foreclose Mortgage $65.00
Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $471.02
b) Unpaid principal and interest: Unpaid principal balance . . . . . . . . . . . . . . . . $25,189.43 Accrued interest at $6.2199 per day due and unpaid as of 6/5/12 . . . . . . . . . . . . . . $2,049.66 Escrow Shortage . . . . . . . . . . . . . . . . . . . . . . . . . . $318.91 Interest on Fees . . . . . . . . . . . . . . . . . . . . . . . . . . $127.02 Fees Assessed . . . . . . . . . . . . . . . . . . . . . . . . . . $2,343.90
Total amount due plaintiff as of 6/5/12, exclusive of foreclosure costs . . . . . . . . . $30,499.94
c) In addition, 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, a title insurance policy and fees, charges, and expenses provided by law incurred by or owing to the United States Marshal, including such fees and expenses relating to conducting of the judicial sale as required by this judgment of foreclosure.
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, from the date on which such advances are made.
e) In order to protect the lien of the mortgage, plaintiff may necessarily have to pay taxes and assessments which have been or may be levied upon the mortgaged real estate.
f) In order to protect and preserve the mortgaged real estate, plaintiff may have to make such repairs to the real estate as may reasonably be deemed necessary for the proper preservation thereof.
g) Under the terms of the mortgage, any money so paid or expended has or will become an additional indebtedness secured by the mortgage and will bear interest from the date such monies are advanced at the rate provided in the mortgage, or, if no rate is provided, at the statutory judgment rate.
8. The present owner of the above-described real estate is: Lisa Stuller, Guardian of the Estate of Pearl M. Overby, a
9. Greene County, Illinois, has a valid lien on the above-described property for taxes for the years 2011 and 2012 and the property will be sold subject to the interest of Greene County, resulting from taxes, general or special, which are a valid lien against the above-described property.
10. The State of Illinois claims an interest in these proceedings by virtue of a notice of lien in favor of the State of Illinois under the provisions of Department of Healthcare and Family Services, against Pearl Overby, recorded August 25, 2011 as Document No. 154288. The interest of said defendant is inferior to that of the plaintiff.
11. The above-described property is abandoned and plaintiff is entitled to a shortened redemption period pursuant to 735 ILCS 5/15-1603.
12. The premises which are the subject of this proceeding are valuable, and unless the purchaser, as plaintiff's assignee, is placed in immediate possession during the 30-day period following the confirmation of the Report of Sale of Real Estate, the premises ...