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United States of America v. Adam E. Mocaby

January 3, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ADAM E. MOCABY, DEFENDANT.



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

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

On August 20, 2012, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Adam E. Mocaby. The parcel of property in question is located in Mt. Vernon, Illinois, which lies within this Judicial District. Adam E. Mocaby was 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 November 19, 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. 8), after FINDING as follows:

1. This Court has jurisdiction of the parties to and subject matter of this suit. The defendant was properly served and having failed to answer or otherwise enter any appearance herein, is properly defaulted.

2. The USA, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, made a loan to Adam E. Mocaby, secured by a mortgage dated November 5, 2007, (Exh. A of the complaint), in the total principal amount of $61,834.00. The mortgage was recorded on November 9, 2007, in Jefferson County, Illinois in Document No. 200707526. The loan is evidenced by a promissory note dated November 5, 2007, (Exh. B). Defendant, Adam E. Mocaby, defaulted on the note. On April 12, 2012, 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 July 5, 2012.

3. The following person may have claimed an interest in the above described property, but is foreclosed from asserting his claim, if any, because of his default in this action: Adam E. Mocaby

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

Common address: 806 South 26th, Mt. Vernon, Illinois 62864 Lot 703 in City Park Addition to the City of Mt. Vernon; except any undivided interests in the coal, oil, gas and other minerals underlying said premises which may have been heretofore reserved or conveyed, together with the right to mine and remove the same; situated in the County of Jefferson and State of Illinois. Subject to all public and private roads and easements.

Property ID: 07-31-157-004

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 $398.00 U.S. Marshals costs for service of summons $104.50 Title expenses ........................................... $150.00 TOTAL .............................................. $652.50

(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 .......................... $64,516.38 Subsidy recapture paid ............................. $296.88 Accrued interest at $10.6116 per day due and unpaid as of December 12, 2012 .............. $6,939.04

Total amount due USA as of December 12, 2012, exclusive of foreclosure costs .................... $71,752.30

(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 ...


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