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United States v. Copeland

United States District Court, Seventh Circuit

August 8, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
JAMIE LYNN COPELAND, Defendant.

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

J. PHIL GILBERT, District Judge.

This cause coming on to be heard upon the plaintiff's complaint, and an order of default having been entered against the Defendant, Jamie Lynn Copeland, the Court finds:

1. That it has jurisdiction of the parties to and subject matter of this suit. The Defendant, having properly waived service 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 loan to Jamie Lynn Copeland, secured by a mortgage dated September 13, 2002, (Ex. A of the complaint), in the total principal amount of $45, 000.00. The mortgage was recorded on September 18, 2002, in Mortgage Record Document No. 2002R7170, Marion County, Illinois. That loan is evidenced by a promissory note dated September 13, 2002 (Ex. B of the complaint). Defendant, Jamie Lynn Copeland, defaulted on the note. On April 8, 2013, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Ex. C of the complaint). The property has been abandoned as set forth in the affidavit of abandonment (Ex. D of the complaint) dated April 15, 2013.

3. That the following is the name of a person 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: Jamie Lynn Copeland

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: 528 Main Street, Walnut Hill, Illinois 62893
A part of the Southwest Quarter of the Southeast Quarter of Section 36, Township 1 North, Range 1 East of the Third Principal Meridian, Marion County, Illinois, and more particularly described as commencing at a point 654 feet West of the Southeast corner of said Southwest Quarter of the Southeast Quarter on the South line thereof; thence North 464.05 feet to the centerline of the St. Louis to Mt. Vernon Public Road; thence North 60 degrees 59 minutes and 22 seconds West along said centerline for a distance of 268.44 feet to the point of beginning. From said point of beginning, thence South 2 degrees 06 minutes and 25 seconds East for a distance of 157.76 feet; thence, North 89 degrees 02 minutes and 55 seconds West for a distance of 204.18 feet; thence North 02 degrees 06 minutes and 25 seconds West for a distance of 269.94 feet to the centerline of said St. Louis to Mt. Vernon Public Road; thence South 60 degrees 59 minutes and 22 seconds East for a distance of 238.16 feet to the point of beginning, containing in all one acre, more or less.
Subject to all public and private roads and easements.
Permanent Real Estate Index Number: XX-XX-XXX-XXX

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:


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