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United States of America v. Michelle Sledge

July 23, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MICHELLE SLEDGE, DEFENDANT.



The opinion of the court was delivered by: William D. Stiehl 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 Defendant, the Court finds:

1. That it has jurisdiction of the parties to and subject matter of this suit. The Defendant has been properly served and having failed to answer or otherwise enter any appearance herein, although the time for answering having expired, is ordered defaulted.

2. The United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loanto Michelle Sledge, secured by a mortgagedated July 26, 2005 (Ex. A of the complaint), in the total principal amount of $88,127.00. The mortgage was recorded on July 29, 2005 in Mortgage Record Book as Document No. 200505461, Jefferson County, Illinois. That loan isevidenced by a promissory note dated July 26, 2005 (Ex. B). Defendant, Michelle Sledge, defaulted on the note. On May 10, 2011, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Ex. D). The property has been abandoned as set forth in the affidavit of abandonment (Ex. E) dated December 16, 2011.

3. That the following is the name of a person who that may have claimed an interest in the above described property, but who is foreclosed from asserting her claim, if any, because of her default in this action: Michelle Sledge

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: 12125 East Meadows, Mt. Vernon, Illinois 62864

Tract 1: Part of Lots 18 and 26 in Virgil T. Bailey's Grant Meadows Addition, as per plat thereof in Plat Cabinet 1, Slide C-35, more particularly described as follows, to-wit: Beginning at the Northwest corner of said Lot 26, thence South along the West line 115 feet to the Southwest corner thereof, thence East along the South line of said Lot 26, 100 feet to a point, thence North parallel to the West line of said Lot 26, 165.12 feet to a point on a Northerly line of Lot 18, thence Westerly along the Northerly line of Lots 18, and 26 to the Northwest corner of said Lot 26, being the point of beginning. Situated in the County of Jefferson and State of Illinois.

Tract 2: Part of Lot 18 and Lot 26 in Virgil T. Bailey's Grant Meadows Addition (being a subdivision of a part of the Southwest Quarter (SW 1/4 ) of the Northwest Quarter (NW 1/4 ) of Section 19, Township 2 South, Range 3 East of the Third Principal Meridian, and Lots 1, 9, and 10 and part of Lot 2 of C.B. Taylor's Subdivision of part of the West Half of Section 19, in said Township in Jefferson County, Illinois, more particularly described as follows: Commencing at the Northeast corner of said Lot 18, thence South along the East line thereof a distance of 220 feet to a point also being the Southeast corner of said Lot 26 as stated above, thence West along the South line of said Lot 26 a distance of 100.00 feet, thence North 165.12 feet to a point on the North line of said Lot 18, thence continuing in a Northeasterly direction along the North line of said Lot 18 to the point of beginning. Situated in the County of Jefferson, State of 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.

Property Tax No. 07-19-302-024 Property Tax No. 07-19-302-030

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 ..... $398.00 U.S. Marshals costs for service of summons . . . $134.42 Title expenses $225.00 TOTAL $757.42

(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 .................. $97,102.35 Accrued interest at $14.8171 per day due and unpaid as of June 5, 2012 .................. $9,734.13 Total ...


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