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United States of America v. Terri G. Ray and Gene Ray

October 25, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TERRI G. RAY AND GENE RAY, DEFENDANTS.



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

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

On February 13, 2012, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Terri G. Ray and Gene Ray. The parcel of property in question is located in Flora, 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 September 26, 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. 17), 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 Terri G. Ray and Gene Ray, secured by a mortgage dated February 14, 2006 (Exh. A of the complaint), in the total principal amount of $54,500.00. The mortgage was recorded on February 15, 2006, in Mortgage Record as Document No. 156578, Clay County, Illinois. The loan is evidenced by a promissory note dated February 14, 2006 (Exh. B). Defendants , Terri G. Ray and Gene Ray, defaulted on the note. On July 7, 2011, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Exh. C).

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: Terri G. Ray and Gene Ray

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

Common address: 7745 Old Highway 50, Flora, Illinois 62839 A tract of land lying in Lot #4 of the SE/4 of Section 27, T3N, R6E of the 3rd P.M., Clay County, Illinois, more particularly described as follows: Beginning at the SW Corner of Lot #4 of said Section 27, thence North 83° 34' East along the South line of Lot #4 a distance of 88.3 feet to a point, being the point of beginning; thence North 00§ 17'East a distance of 364.6 feet to an iron pin; thence South 87§ 45' East a distance of 149 feet to an iron pin; thence South 00§ 17' West a distance of 222 feet to an iron pin; thence South 83§ 34' West a distance of 63 feet; thence South 00§ 17' West to a point intersecting with the South line of Lot #4; thence South 83§ 34' West along the South line of Lot #4 to an iron pin being the point of beginning. This tract of land contains 1.04 acres.

Property ID No. 10-27-400-045

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. $388.00 Fee to publish notice of pendency of action $1,040.00 Title expenses $300.00 TOTAL $1,728.00

(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. . . . ......... $45,853.85 Subsidy recapture paid............... $3,167.76 Accrued interest at $6.7788 per day due and unpaid as of October 17, 2012. ........ $3,938.63 Total amount due USA as of October 17, 2012, exclusive of foreclosure costs. ......... $52,960.24

(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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