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United States v. Jones

United States District Court, Seventh Circuit

December 16, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
RYAN P. JONES and AMBER J. JONES, Defendants.

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

DAVID R. HERNDON, Chief District Judge.

On June 24, 2013, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Ryan P. Jones and Amber J. Jones. The parcel of property in question is located in Karnak, Illinois, which lies within this Judicial District. Defendants were properly served herein but failed to move, answer, or otherwise plead in response to the complaint. Based on that failure, the USA secured the Clerk's entry of default on August 29, 2013, pursuant to Federal Rule of Civil Procedure 55(a).

Now before this Court is the USA's motion for default judgment under Rule 55(b). Having carefully reviewed the record, the Court GRANTS the motion for default judgment (Doc. 8), after FINDING as follows:

1. This Court has jurisdiction of the parties to and subject matter of this suit. The Defendants were properly served and having failed to answer or otherwise enter any appearance herein, are properly defaulted.

2. The USA, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, made a loan to Ryan P. Jones and Amber J. Jones, secured by a mortgage dated December 1, 2009 (Exh. A of the complaint), in the total principal amount of $48, 000.00. The mortgage was recorded on December 2, 2009. The loan is evidenced by a promissory note dated December 1, 2009 (Exh. B). Ryan P. Jones and Amber J. Jones, defaulted on the note. On October 18, 2012, the USA, acting through the United States Department of Agriculture, Rural Development, issued notices of acceleration (Exh. C). The property has been abandoned as set forth in the affidavit of abandonment (Exh. D) dated April 12, 2013.

3. The following persons may have claimed an interest in the above described property, but are foreclosed from asserting claim, if any, because of their default in this action: Ryan P. Jones and Amber J. Jones 4. By virtue of the mortgage and indebtedness thereby secured, the USA has a valid and subsisting lien as follows:

Common address: 113 West Main Street, Karnak, Illinios 62956

Lots One (1), Two (2), and the West One-Half (W1/2) of Lot Three (3), in Block Six (6) in the Village of Karnak, Pulaski County, Illinois. With privileges of and subject to easements, restrictions, covenants, and rights of way of record.

Permanent Index No. 03-15-106-001

5. By virtue of the mortgage and the indebtedness thereby secured, as alleged in the complaint, the following amounts are due to the USA:

(b) For the use and benefit of the USA, holder of the note secured by the mortgage aforesaid, but subject and subordinate to the lien for payment of the items ...

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