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United States v. Wade

United States District Court, S.D. Illinois

October 9, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
CRYSTAL M. WADE, ILLINOIS HOUSING DEVELOPMENT AUTHORITY, and CITY OF HERRIN Defendants.

          JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

          Herndon, Judge.

         On March 25, 2016, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Crystal M. Wade, Illinois Housing Development Authority, and City of Herrin. The parcel of property in question is located in Herrin, Illinois, which lies within this Judicial District.

         Defendant, Crystal M. Wade, was properly served herein but failed to move, answer, or otherwise plead in response to the complaint. Based on that failure, the USA secured the Clerk's entry of default on May 25, 2016, pursuant to Federal Rule of Civil Procedure 55(a).

         Now before this Court is the USA's third motion for judgment under Rule 55(b) as to Defendant Crystal M. Wade. Additionally, the USA indicates that the City of Herrin and the Illinois Housing Development Authority[1] consent to judgment and an order directing the sale of the subject property. Having carefully reviewed the record, the Court GRANTS the motion for judgment (Doc 31), after FINDING as follows:

         1. This Court has jurisdiction of the parties to and subject matter of this suit. Defendant, Crystal M. Wade, was properly served and having failed to answer or otherwise enter any appearance herein, is properly defaulted. The City of Herrin filed an answer to the complaint on May 20, 2016, and has consented to the Judgment Decree and Order Directing Sale of Mortgaged Property. Further, the Illinois Housing Development Authority has consented to the Judgment Decree and Order Directing Sale of Mortgaged Property.

         2. The USA, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, made a loan to Crystal M. Wade, secured by a mortgage dated July 13, 2007 (Exh. A of the complaint), in the total principal amount of $37, 500.00. The mortgage was recorded on July 13, 2007, in Mortgage Record 259 at Page 759, as Document Number 7803, in Williamson County, Illinois. The loan is evidenced by a promissory note dated July 13, 2007 (Exh. B). Defendant, Crystal M. Wade, defaulted on the note. On January 11, 2014, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Exh. C).

         3. The following person may have claimed an interest in the above described property, but is foreclosed from asserting her claim, if any, because of her default in this action:

         Crystal M. Wade

         4. By virtue of the mortgage and indebtedness thereby secured, the USA has a valid and subsisting lien as follows:

Common address: 309 South 18th Street, Herrin, Illinois 62948
Beginning Fifty (50) feet West and One Hundred Twenty (120) feet South of the Northwest corner of Lot Two (2) in Block Seven (7) in W.N. Stotlar's Third Addition to Herrin, Illinois; running thence West One Hundred Forty (140) feet, thence South Sixty (60) feet, thence East One Hundred Forty (140) feet; thence North Sixty (60) feet to the point of beginning, also known and described as North Sixty (60) feet of the South half Assessment Lot One (1) in Sarah Stotlar's First Addition to the City of Herrin, Illinois.
Permanent Index No. 02-30-140-011

         5. By virtue of the mortgage and the indebtedness thereby secured, as alleged in the complaint, the following amounts are due to the USA:

(a) U.S. Attorney's docket and recording fees ...

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