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United States v. Frohn

United States District Court, Seventh Circuit

September 23, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
STEVEN L. FROHN, REGINA A. FROHN, HELEN M. CAIN AND COUNTRY LAKE ESTATES HOMEOWNERS ASSOCIATION, Defendants.

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. Defendants Steven L. Frohn, Regina A. Frohn, and Helen M. Cain returned Waivers of Service of Summons on May 20, 2013, and Country Lake Estates Homeowners Association, through its registered agent Mike McCormick, was served with Summons and Complaint by the United States Marshal on July 26, 2013. All defendants have been served pursuant to Federal Rule of Civil Procedure 4 and have acknowledged receipt of the complaint as shown by the file in this case. Defendants have not voluntarily appeared in these proceedings.

II. EVIDENTIARY FINDINGS

1. Defendants Steven L. Frohn, Regina A. Frohn, and Helen M. Cain executed a mortgage, attached as Exhibit A to the complaint, dated May 21, 2009, and on the same day, they executed a note (attached to the complaint as Exhibit B), in the amount of $142, 200.00 secured by the mortgage. The United States of America, acting through Rural Development, United States Department of Agriculture, was the mortgagee on the mortgage executed by the defendants as mortgagors. The mortgage pertaining to the property described herein was recorded on May 29, 2009, commencing at Page 460 of Book 1014, as Document No. 203560, in the Office of the Menard 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 the complaint.

4. Plaintiff moved the court to enter a default judgment of foreclosure in this cause and filed with the Motion an Affidavit of Costs by Molly K. Hammond, Acting State Director, Rural Development. That pleading and Affidavit stated that as of August 16, 2013, Plaintiff was owed (via a Note and Mortgage hereinafter described) the sum of $26, 412.97, plus a daily per diem accrual of $17.8051 thereafter to date of judgment. No objection being made to the Motion or Affidavit of the Motion, the motion is allowed and the Affidavit is admitted into evidence in this cause.

5. The following are names of persons who may have claimed an interest in the above-described property, but who are foreclosed from asserting their claim, if any, because of their default in this action: Steven L. Frohn, Regina A. Frohn, Helen M. Cain, and Country Lake Estates Homeowners Association.

6. All of the material allegations contained in the complaint are true and by virtue of the mortgage and indebtedness thereby secured, Plaintiff, UNITED STATES OF AMERICA, has a valid and subsisting lien arising out of a real estate mortgage on the property described as follows:

DESCRIPTION
Lot 39 in Country Lake Estates, First Plat, a Subdivision located in part of the South Half of Section 35, in Township 18 North, Range 6 West of the Third Principal Meridian, according to the plat thereof recorded August 21, 1973 in Plat Book 1 on page 82 as Document No. 102379 and corrected by plat recorded November 16, 1973 in Plat Book 1 on page 82 as Document No. 102870, Menard County, Illinois. PIN No. 12-35-306-024

7. That by virtue of the mortgage and the indebtedness thereby secured, as alleged in the complaint, there is due Plaintiff, UNITED STATES OF AMERICA, as follows:

a) For its own use and benefit for the costs of this suit and for:
U.S. Attorney's Docket Fee $400.00
U.S. Marshals' Costs for Service of Summons $128.31
Recording Notice of a Suit to Foreclose Mortgage $45.00
Total $573.31
b) Unpaid principal and interest:
Unpaid principal balance $135, 627.13
Accrued interest at $17.8051 per day due and unpaid as of 8/16/13 $11, 943.97
Escrow Shortage $2, 236.10
Late Charges $110.00
Interest on Fees $150.44
Fees Assessed $4, 903.57
Total amount due plaintiff as of 8/16/13, exclusive of foreclosure costs $154, 971.21
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 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 ...

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