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United States v. Gonser

United States District Court, S.D. Illinois

March 23, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
DGW CORIE A. GONSER, Defendant.

          JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

          David R. Herndon, Judge

         On December 15, 2016, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Corie A. Gonser. The parcel of property in question is located in New Baden, Illinois, which lies within this Judicial District. Defendant 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 March 15, 2017, pursuant to Federal Rule of Civil Procedure 55(a).

         Now before this Court is the USA's motion for default judgment under Rule 55(b). Having carefully reviewed the record, the Court GRANTS the motion for default judgment (Doc 10), after FINDING as follows:

         1. This Court has jurisdiction of the parties to and subject matter of this suit. The Defendant was properly served and having failed to answer or otherwise enter any appearance herein, is properly defaulted.

         2. The USA, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, made a loan to Corie A. Gonser, secured by a mortgage dated April 12, 2013 (Exh. A of the complaint), in the total principal amount of $128, 757.00. The mortgage was recorded on April 19, 2013, as Document Number 2013R02581, Clinton County, Illinois. The loan is evidenced by a promissory note dated April 12, 2013 (Exh. B). Defendant Corie A. Gonser, defaulted on the note. On April 7, 2015, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Exh. C).

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

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

         Common address: 9095 James Ct, New Baden IL 62265

Lot 18 in Ben El Place, a subdivision located in the Southwest Quarter of Section 5, Township 1 North, Range 5 West of the Third Principal Meridian, Clinton County, Illinois, as shown by Plat 366D of the Clinton County, Illinois, records.
Excepting all oil, coal, gas and minerals underlying said premises heretofore excepted, reserved or conveyed of record together with the right to mine and remove the same and all rights and easements in favor of the estate of said coal, oil, and gas and other minerals, if any, as to all aforementioned property(ies).
Permanent Index No. 11-10-05-301-001 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 ............ $ 431.00
U.S. Marshals costs for service of summons ........ $ 177.96
Late Charges ....................................................... ...

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