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United States v. Ohnemus

United States District Court, Seventh Circuit

August 6, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
TINA M. OHNEMUS, Defendant.

OPINION

RICHARD MILLS, District Judge.

The Court now considers Plaintiff United States of America's Motion to Enter Judgment (d/e 6) (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:

I. JURISDICTION

The Court has jurisdiction over the subject matter and parties pursuant to 28 U.S.C. §§ 1345 and 1391, respectively. The defendant, Tina M. Ohnemus, was personally served with Summons and Complaint by the United States Marshal on May 2, 2013, and did not thereafter voluntarily appear in these proceedings.

II. EVIDENTIARY FINDINGS

1. Defendant Tina M. Ohnemus executed a mortgage, attached as Exhibit A to the complaint, dated October 14, 2009, and on the same day she executed a note (attached to the complaint as Exhibit B), in the amount of $110, 444.00 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 defendant as mortgagor. Said mortgage pertaining to the property described herein was recorded on October 14, 2009, commencing at Page 12636 of Book 709, as Document No. XXXXXXXXX, in the Office of the Adams 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 of Costs by Julie K. Wilson, Acting State Director, Rural Development. That pleading and Affidavit stated that as of June 27, 2013, Plaintiff was owed (via a Note and Mortgage hereinafter described) the sum of $137, 961.05, plus a daily per diem accrual of $17.2935 thereafter to date of judgment and no objection being made to said Motion or Affidavit of said Motion, said motion is allowed and the Affidavit is admitted into evidence in this cause.

5. Tina M. Ohnemus may have claimed an interest in the above-described property, but is foreclosed from asserting her claim, if any, because of her default in this action.

6. 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:

A part of the Southwest Quarter (SW ¼) of Section Eighteen (18) in Township One (1) North of the Base Line and in Range Eight(8) West of the Fourth Principal Meridian, bounded and described as follows:
Beginning Forty-six (46) rods West of the Northeast corner of the Southwest Quarter (SW 1/4) and running South Sixteen (16) rods, Nine (9) feet, Four (4) inches, thence West Eight (8) rods, Two and One-Half feet (2-1/2) feet, thence North Sixteen (16) rods, Nine (9) feet, Four (4) inches, thence East Eight (8) rods, Two and One-Half (2-1/2) feet to the place of beginning, situated in the County of Adams, in the State of Illinois
PIN No. 09-0-1252-000-00

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:

b) Unpaid principal and interest:

Unpaid principal balance. $119, 440.47 Accrued interest at $17.2935 per day due and unpaid as of June 27, 2013. $10, 667.79 Late charges. $116.00 Fees. $6, 801.39 Interest on fees. $203.84

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 Tina M. Ohnemus.

9. Adams County, Illinois, has a valid lien on the above-described property for taxes for the years 2012 and 2013, and the property will be sold subject to the interest of Adams County, resulting from taxes, general or special, ...


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