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United States v. Helton

United States District Court, Seventh Circuit

September 10, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
ANNIE MAE HELTON, Defendant.

OPINION

RICHARD MILLS, District Judge.

The Court now considers Plaintiff United States of America's Motion to Enter Judgment (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, Annie Mae Helton was personally served with Summons and Complaint by the United States Marshal on July 12, 2013, and did not thereafter voluntarily appear in these proceedings. 4. Defendant has not voluntarily appeared in these proceedings.

II. EVIDENTIARY FINDINGS

1. Defendant, Annie Mae Helton, executed a mortgage, attached as Exhibit A to the complaint, dated April 16, 1992, and a corrected mortgage, attached as Exhibit B to the complaint, dated April 16, 1992. She executed a note (attached to the complaint as Exhibit C), in the amount of $57, 000 secured by said mortgage. The UNITED STATES OF AMERICA, acting through RURAL DEVELOPMENT, UNITED STATES DEPARTMENT OF AGRICULTURE, was the mortgagee on said mortgage executed by said defendant as mortgagor. The mortgage pertaining to the property described herein was recorded on April 16, 1992, commencing at Page 357 of Volume 184, as Document No. 363757, in the Office of the Logan County, Illinois, Recorder. The corrected mortgage pertaining to the property described herein was recorded on April 30, 1992, commencing at Page 227 of Volume 186, as Document No. 364020, in the Office of the Logan 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 July 24, 2013, Plaintiff was owed (via a Note and Mortgage hereinafter described) the sum of $58, 205.86, plus a daily per diem accrual of $11.1052 thereafter to date of judgment. 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. The following is the name of the person who may have claimed an interest in the above-described property, but who is foreclosed from asserting their claim, if any, because of her default in this action: Annie Mae Helton.

6. All of the material allegations contained in the complaint are true and 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:

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 Annie Mae Helton.

9. Logan 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 Logan County, resulting from taxes, general or special, which are a valid lien against the above-described property.

10. Plaintiff is entitled to a shortened redemption period for the following reasons: (i) the value of the mortgaged real estate as of this date is less than ninety percent (90%) of the amount specified pursuant to the Code of Civil Procedure, 735 ILCS 5/15-1603(d); and (ii) the mortgagee waives any and all rights to a personal judgment for a deficiency against the mortgagor(s) and ...


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