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Green Tree Servicing, LLC v. Ford

United States District Court, Seventh Circuit

October 31, 2013

GREEN TREE SERVICING, LLC, Plaintiff,
v.
WILLIAM F. FORD, CHRISTINE M. FORD, and UNITED STATES OF AMERICA, Defendants.

MEMORANDUM AND ORDER

G. PATRICK MURPHY, District Judge.

On March 13, 2013, Plaintiff filed this mortgage foreclosure suit (Doc 2-2). Upon Defendants William F. Ford and Christine M. Ford's failure to defend, and upon Plaintiff's motion, the Clerk of the Court entered a default entry on May 1, 2013 (Doc. 14). Plaintiff then moved for default judgment of foreclosure and sale on September 17, 2013 (Doc. 16). Plaintiff also moved for summary judgment against the United States of America (Doc. 17) and for an order appointing a Special Commissioner to conduct the foreclosure sale (Doc. 18). The Court conducted a hearing on the motions during which Plaintiff presented the original mortgage and note. The motions have been GRANTED. The Judicial Sales Corporation, the Special Commissioner appointed, shall conduct the sale pursuant to this Order. To effectuate the default judgment for foreclosure and sale of the real property at issue, the Court now finds:

(1) The Court has jurisdiction over the parties and the subject matter.
(2) The Defendants were properly served and failed to answer or otherwise enter any appearance.
(3) The last owner of redemption was served on March 15, 2013.
(4) The statutory right to reinstate, pursuant to 735 ILCS 5/15-1602, expired on June 15, 2013.
(5) The statutory right of redemption, pursuant to 735 ILCS 5/15-1603, shall expire three (3) months from the entry of this order.
(6) Mortgage Electronic Registrations Systems, Inc. as nominee for EquiFirst Corporation made a loan to Mortgagors secured by a mortgage in the original principal amount of $97, 600.00 which was recorded in the Madison County Recorder's Office on July 19, 2007 as Document No. 2007R30774. (Doc 2-2, Ex A and B). The mortgage was subsequently assigned to Plaintiff. A written memorialization of this transfer was recorded in the Madison County Recorder's Office on February 1, 2013 as Document No. 2013R05692. (Doc 2-2, Ex C). The mortgage is in default due to Defendants' failure to pay monthly installments of principal, interest, taxes and insurance for November 1, 2012 through the present.
(7) By virtue of the mortgage and indebtedness secured thereby, Plaintiff has a valid and subsisting lien against the property described as follows:

LOT 8 IN BLOCK 4 IN "UNION ADDITION TO COLLINSVILLE" REFERENCE BEING HAD TO THE PLAT THEREOF RECORDED IN THE RECORDER'S OFFICE OF MADISON COUNTY, ILLINOIS, IN BOOK OF PLATS "6" ON PAGE 69; SITUATED IN THE COUNTY OF MADISON, ILLINOIS.

EXCEPT THE COAL, OIL, GAS AND OTHER MINERALS UNDERLYING SAID PREMISES AND THE RIGHT TO MINE AND REMOVE SAME 705 Peers Avenue Collinsville, IL 62234 COMMONLY KNOWN AS:

TAX PARCEL NUMBER: 13-2-21-27-17-306-016

(8) This Judgment is fully dispositive of the interest of all Defendants. All the material allegations of the Complaint filed pursuant to 735 ILCS 5/15-1504, those allegations being both required and those deemed alleged by virtue of subsection (c), are true and proven, that by entry of this Judgment for Foreclosure and Sale, the Mortgage which is the subject matter of these proceedings is extinguished and merged into Judgment and default no longer exists, but has been replaced by Judgment, and that by virtue of the Mortgage, and the evidences of indebtedness secured thereby alleged in the Complaint and set forth in Planitiff's Affidavit of Amounts Due and Owing (Doc. 25) and the Affidavit of ...

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