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United States v. Murphy

United States District Court, S.D. Illinois

February 5, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
FRANK A. MURPHY, and CHRISTINA M. MURPHY, Defendants.

JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

DAVID R. HERNDON, Chief 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, Frank A. Murphy and Christina M. Murphy 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 has 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 Frank A. Murphy and Christina M. Murphy, secured by a mortgage dated July 15, 2003 (Ex. A of the complaint), in the total principal amount of $70, 871.00. The mortgage was recorded on July 16, 2003 in Mortgage Record Book 464, Pages 448-344, as Document No. 001793, Johnson County, Illinois. That loan is evidenced by a promissory note dated July 15, 2003 (Ex. B). Defendants, Frank A. Murphy and Christina M. Murphy, defaulted on the note. On March 26, 2012, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued notices of acceleration (Ex. C).

3. That the following are the names of persons that who 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: Frank A. Murphy and Christina M. Murphy

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: 860 Old Rt. 146 Loop, Vienna, Illinois 62995

A part of the Southwest Quarter of the Southeast Quarter of Section 31, Township 12 South, Range 3 East, more particularly described as follows: Beginning at the Southeast Corner of said Quarter-Quarter Section, thence Northwesterly 164 feet; thence North 275 feet; thence East 125 feet; thence South to the point of beginning. Situated in the County of Johnson, State of Illinois.

Property Record No. 05-31-413-000

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:

(b) For the use and benefit of the plaintiff, 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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