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United States v. Hassler

United States District Court, S.D. Illinois

June 20, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
SHANE CHARLES HASSLER, THE CITY OF CARBONDALE, and CAPITAL ONE BANK USA, N.A., Defendants.

          JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

          David R. Herndon Judge.

         On February 16, 2017, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Shane Charles Hassler, The City of Carbondale, and Capital One Bank (USA), N.A. The parcel of property in question is located in Carbondale, 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 May 2, 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 13), 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 Shane Charles Hassler, secured by a mortgage dated May 31, 2006 (Doc. 1-1, Exhibit A), in the total principal amount of $79, 500.00. The mortgage was recorded on May 31, 2006 on page 6 as Document No. 355539 in Jackson County, Illinois. The loan is evidenced by a promissory note dated May 31, 2006 (Doc. 1-1, Exhibit B). Defendant, Shane Charles Hassler, defaulted on the note. On January 7, 2015, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Doc. 1-1, Exhibit C).

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

Shane Charles Hassler, The City of Carbondale, and Capital One Bank (USA), N.A.

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

Common address: 405 North Smith, Carbondale, IL 62901 Lot 7 in Clipper Heights, being a Resubdivision of Lots 15, 16 and 17 and West 130 feet of Lot 18 in Tanner's Subdivision of the North Half of Out Lot 97 in the city of Carbondale, Illinois, as shown by the recorded Plat thereof in Book 8 of Plats at Page 68 in the Recorder's Office of Jackson County, Illinois, situated in Jackson County, Illinois.
PIN: 15-20-228-013

         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 $ 428.00
U.S. Marshals costs for service of summons $ 257.22
Title expenses ........................................... ...

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