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United States v. Self

United States District Court, C.D. Illinois, Springfield Division

March 5, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
JESSICA L. SELF, Defendant.

OPINION

SUE E. MYERSCOUGH, District Judge.

The Court now considers Plaintiff United States of America's Motion to Enter Judgment (hereinafter "Motion")(d/e 14). Pursuant to Federal Rule of Civil Procedure 55, 28 U.S.C. § 2001, and for the reasons stated below, the Motion (d/e 14) 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

1. The Court has jurisdiction over the subject matter and parties pursuant to 28 U.S.C. §§ 1345 and 1391, respectively. Defendant Jessica L. Self was personally served with Summons and Complaint by the United States Marshal on December 18, 2013, and did not thereafter voluntarily appear in these proceedings.

II. EVIDENTIARY FINDINGS

1. Defendant executed a mortgage, attached as Exhibit A to the Complaint, dated August 16, 2004, and on the same day she executed a note (attached to the Complaint as Exhibit B), in the amount of $61, 929.00 secured by said mortgage. The United States of America, acting through Rural Development, United States Department of Agriculture, was the mortgagee on the mortgage executed by Defendant as mortgagor. The mortgage pertaining to the property described herein was recorded on August 16, 2004, commencing at Page 5 of Book 358, as Document No. 270227, in the Office of the Schuyler County, Illinois, Recorder.

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 note and mortgage 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 by Molly K. Hammond, Acting State Director, Rural Development. See Motion, d/e 14-1, 14-2. That pleading and Affidavit stated that as of January 21, 2014, Plaintiff was owed (via a Note and Mortgage hereinafter described) the sum of $63, 446.04 plus a daily per diem accrual of $9.845 thereafter to date of Judgment. No objection being made 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: Jessica L. Self.

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:

38 Robinwood Drive, Rushville, Illinois 62681
Lot Fourteen (14), of WARD, TYSON & TEEL'S Subdivision of the City of Rushville according to a plat of a survey dated December 12, 1969, and recorded in the Office of the Recorder of Schuyler County, Illinois, in Plat Book 2, Page 40, being a part of the following described real estate, to-wit: The Northwest Quarter (NW ¼) of the Southwest Quarter (SW ¼) of the Northeast Quarter (NE ¼) of Section Thirty-six (36), and the South half (S ½) of the Southwest Quarter (SW ¼) of the Northwest Quarter (NW ¼) of the Northeast Quarter (SW ¼) of said Section Thirty-six (36), all in Township Two (2) North of the Base Line, Range Two (2) West of the Fourth Principal Meridian, except One Hundred Twelve (112) feet of even width off the South side thereof and also except Eight Hundred Fifty-six (856) feet off the North side of Two Hundred Seventeen and 75/100 (217.75) feet off the West side thereof; subject to all existing easements, both private and public, disclosed and undisclosed for utility, sewer, and drain purposes, situated in the County of Schuyler and State of Illinois
PIN No. 05-125-016-00

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 Plaintiff's own use and benefit for the costs of this suit and for:

U.S. Attorney's Docket Fee $400.00

U.S. Marshals' Costs for Service of Summons $226.91 Recording Notice of a Suit to Foreclose Mortgage $62.00 Total $688.91

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 owner of the above-described real estate is Jessica L. Self.

9. Schuyler 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 Schuyler County, resulting from taxes, general or special, ...


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