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United States v. Ashlock

United States District Court, S.D. Illinois

August 29, 2016

UNITED STATES OF AMERICA, Plaintiff
v.
MARY ASHLOCK, WILLIAM ASHLOCK, and MARION COUNTY TREASURER, Defendants.

          JUDGMENT AND DECREE OF FORFEITURE

          STACI M. YANDLE United States District Judge

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

         1. That it has jurisdiction of the parties to and subject matter of this suit. 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 William Ashlock and Mary Ashlock, secured by a mortgage dated July 23, 2003 (Ex. A of the complaint), in the total principal amount of $65, 826.00. The mortgage was recorded on July 28, 2004 as Document No. 2003R6503. That loan is evidenced by a promissory note dated July 23, 2003 (Ex. B). Defendants William Ashlock and Mary Ashlock defaulted on the note. On March 11, 2015, 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 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: William Ashlock, Mary Ashlock, and Marion County Treasurer.

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

Common address: 305 Railroad Street, Alma, Illinois 62807 Lot 8 and 9 and N½ of Lot 7 in Block 6 in the Original Town of Alma, Marion County, Illinois. Subject to all public and private roads and easements.
Property ID: 07-07-111-006 (North ½ of Lot 7, all of Lot 8) Property ID: 07-07-111-008 (Lot 9)

         5. That by virtue of the mortgage and the indebtedness thereby secured as alleged in the Complaint, the United States of America is owed 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 ........... $ 440.00
U.S. Marshals' costs for service of summons ....... $ 763.22
Title expenses ....................................................... ...

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