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United States v. Seibert

United States District Court, S.D. Illinois

May 8, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
LARIETTA R. SEIBERT n/k/a LARIETTA R. MAJORS, Defendant.

          JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

          J. PHIL GILBERT UNITED STATES DISTRICT JUDGE.

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

         1. That it has jurisdiction of the parties to and subject matter of this suit. The Defendant having waived service and having failed to answer or otherwise enter any appearance herein, although the time for answering having expired, was defaulted (Doc. 8).

         2. The United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loan to Larietta R. Seibert n/k/a Larietta R. Majors, secured by a mortgage dated April 5, 1994 (Ex. A of the complaint), in the total principal amount of $33, 880.00. The mortgage was recorded on April 5, 1994 in Mortgage Record Book 129 Document Number 9727 on Page 414, Wabash County, Illinois. That loan is evidenced by a promissory note dated April 5, 1994 (Ex. B of the complaint). Defendant Larietta R. Seibert, n/k/a Larietta R. Majors, defaulted on the note. On September 11, 2013, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Ex. C of the complaint).

         3. That the following is the name of a person that may have claimed an interest in the above described property, but who is foreclosed from asserting her claim, if any, because of her default in this action: Larietta R. Seibert n/k/a Larietta R. Majors

         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: 618 Poplar Street, Mount Carmel, IL 62863
Sublot Number Three (3) of M. L. Tilton's Subdivision of Outlot Eighty-six (86), in the City of Mt. Carmel, Illinois, according to the plat thereof recorded in Plat Record "1", Page 30, of the records in the Recorder's Office of Wabash County, State of Illinois.
Also, the Northerly Eleven (11) feet of Lot Number Four (4) of Outlot Number 86, in the City of Mt. Carmel, Illinois, as shown on Plat recorded in Plat Cabinet 2, Slide 124, in the Office of the Recorder of Wabash County, Illinois.
Property ID No. 05-211-20-386-004

         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:
U.S. Attorney's docket and recording fees ............ ...

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