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United States v. Gray

United States District Court, S.D. Illinois

June 20, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
OTIS N. GRAY, SHEENA M. GRAY, VILLAGE OF BECKEMEYER, and ST. JOSEPH'S HOSPITAL BREESE, Defendants.

          JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

          David R. Herndon Judge.

         On February 6, 2017, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Otis N. Gray, Sheena M. Gray, Village of Beckemeyer, and St. Joseph's Hospital Breese. The parcel of property in question is located in Beckemeyer, Illinois, which lies within this Judicial District. Defendants were 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 April 20, 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 11), after FINDING as follows:

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

         2. The USA, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, made a loan to Otis N. Gray and Sheena M. Gray, secured by a mortgage dated June 13, 2008 (Doc. 1-1, Exhibit A), in the total principal amount of $105, 741.00. The mortgage was recorded on June 16, 2008, in Document No. 2008R04001, Clinton County, Illinois. The loan is evidenced by a promissory note dated June 13, 2008 (Doc. 1-1, Exhibit B). Defendants, Otis N. Gray and Sheena M. Gray, defaulted on the note. On November 18, 2014, the USA, acting through the United States Department of Agriculture, Rural Development, issued notices of acceleration (Doc. 1-1, Exhibit 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 default in this action:

Otis N. Gray
Sheena M. Gray
Village of Beckemeyer
St. Joseph's Hospital Breese

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

Common address: 581 Louis St., Beckemeyer, IL 62219
Lot Seven (7) and the South Twenty-Six (26) feet Three (3) inches of Lot Eight (8) in Block “B”, of Beckemeyer's Third Addition to the Village of Beckemeyer, County of Clinton and State of Illinois.
Property ID No. 07-07-21-229-005

         5. By virtue of the mortgage and the indebtedness thereby secured, as alleged in the complaint, the ...


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