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United States v. Wallace

United States District Court, Seventh Circuit

January 28, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
THOMAS GENE WALLACE, and DEE LYNN WALLACE, Defendants.

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

J. PHIL GILBERT, District Judge.

This cause coming on to be heard upon the plaintiff's complaint, and an order of default having been entered against the Defendants, the Court finds:

1. That it has jurisdiction of the parties to and subject matter of this suit. The Defendants have each been properly served and having failed to answer or otherwise enter any appearance herein, although the time for answering having expired, are ordered defaulted.

2. The United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loan to Thomas Gene Wallace and Dee Lynn Wallace, secured by a mortgage dated April 21, 1994 (Ex. A of the complaint), in the total principal amount of $35, 800.00. The mortgage was recorded on April 22, 1994 in Mortgage Record Book as Document No. 94-2080, Franklin County, Illinois. That loan is evidenced by a promissory note dated April 21, 1994 (Ex. B). Defendants, Thomas Gene Wallace and Dee Lynn Wallace, defaulted on the note. On September 27, 2012, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued notices of acceleration (Ex. D). The property has been abandoned as set forth in the affidavit of abandonment (Ex. E) dated May 16, 2013.

3. That the following are the names of persons that 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 Gene Wallace and Dee Lynn Wallace

4. That by virtue of the mortgage and indebtedness thereby secured, the plaintiff, United States of America, has a valid and subsisting lien as follows:

Common address: 105 School Street, Zeigler, Illinois 62999
A PART OF THE SOUTHWEST ONE-FOURTH OF THE NORTHEAST QUARTER OF SECTION 24 IN TOWNSHIP 7 SOUTH, RANGE 1 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS A PART OFTHE LEITER SCHOOL LOT, SITUATED IN THE CITY OF ZEIGLER, FRANKLIN COUNTY, ILLINOIS. THE PLAT OF SAID SCHOOL LOT BEING SHOWN ON ZEIGLER COAL COMPANY'S PLAT OF THE SEVENTH ADDITION TO THE CITY OF ZEIGLER, BEING FURTHER DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID LEITER SCHOOL LOT; THENCE NORTH ALONG THE WEST LINE OF SCHOOL STREET A DISTANCE OF 150 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE WEST 150 FEET; THENCE NORTH 150 FEET; THENCE EAST 150 FEET TO THE WEST LINE OF SCHOOL STREET, THENCE SOUTH ALONG THE WEST LINE OF SCHOOL STREET, A DISTANCE OF 150 FEET TO THE TRUE POINT OF BEGINNING. SITUATED IN FRANKLIN COUNTY, ILLINOIS. EXCEPT ALL COAL, OIL, GAS AND OTHER MINERALS.
Property Record No. 10-24-256-004

5. That by virtue of the mortgage and the indebtedness thereby secured, as alleged in the Complaint, there is due the plaintiff, the 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 and recording fees $ 446.00 U.S. Marshals costs for service of summons $ 133.16 Title expenses $ 388.00


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