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United States v. Sass

United States District Court, Seventh Circuit

January 8, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
THOMAS S. SASS, JESSICA K. VOWELS n/k/a JESSICA K. WEESE AND GEM CITY ACCOUNT SERVICE, Defendants.

OPINION

SUE E. MYERSCOUGH, 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 this 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. Defendant Gem City Account Service returned Waiver of Service of Summons on January 14, 2013 (d/e 3); Defendant Jessica Vowels-Weese returned Waiver of Service of Summons on January 27, 2013 (d/e 4); and Defendant Thomas Sass was served by the U.S. Marshal on September 9, 2013 (d/e 13). All defendants have been served pursuant to Federal Rule of Civil Procedure 4 and have acknowledged receipt of the Complaint. Defendants have not voluntarily appeared in these proceedings.

II. EVIDENTIARY FINDINGS

1. On February 11, 2000, Defendants Thomas S. Sass and Jessica K. Vowels n/k/a Jessica K. Weese assumed a mortgage from Randall P. and Dana J. Glover, in the amount of $37, 000.00. This mortgage, dated February 4, 1992, is attached to the Complaint as Exhibit A, and the Assumption Agreement is attached to the Complaint as Exhibit D. The mortgage was recorded on February 4, 1992, commencing at Page 973 of Volume 422, as Document No. 92662, in the Office of the Adams County, Illinois, Recorder. On February 11, 2000, Defendants Thomas S. Sass and Jessica K. Vowels n/k/a Jessica K. Weese executed another mortgage, attached to the Complaint as Exhibit B, in the assumed amount of $33, 964.80 and an additional amount of $27, 910.20. This mortgage was recorded on February 14, 2000, commencing at Page 1164 of Volume 445, as Document No. 098324, in the Office of the Adams County, Illinois, Recorder. On February 11, 2000, they executed a note, attached to the Complaint as Exhibit E, in the amount of $27, 910.80 secured by said mortgage.

The United States of America, acting through Rural Development, United States Department of Agriculture, was the mortgagee on the mortgages executed by Defendants Thomas S. Sass and Jessica Vowels-Weese as mortgagors.

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 notes and mortgages described in the complaint.

4. Plaintiff moved the Court to enter a Default Judgment of Foreclosure in this cause and has filed with the Motion an Affidavit of Costs Colleen Callahan, State Director, Rural Development. That pleading and Affidavit stated that as of September 30, 2013, Plaintiff was owed (via Notes and Mortgages hereinafter described) the sum of $87, 901.47, plus a daily per diem accrual of $14.7276 thereafter to date of judgment. Because there have not been any objections 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: Thomas S. Sass, Jessica K. Vowels-Weese, and Gem City Account Service.

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:

Lot Two (2) in Block Three (3) in Briarwood Subdivision First Addition, an Addition to the Village of Payson, situated in the County of Adams, in the State of Illinois

PIN No. 18-0-0699-010

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:

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 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 owners of the above-described real estate are: Thomas S. Sass and Jessica K. Vowels-Weese.

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

10. Gem City Account Service claims an interest in these proceedings by virtue of a memorandum of judgment filed July 13, 2007. The interest of ...


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