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United States v. Estate of Hayes

United States District Court, S.D. Illinois

July 5, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ESTATE OF ROY L. HAYES, Deceased, UNKNOWN HEIRS AND DEVISEES OF ROY L. HAYES, Deceased, UNKNOWN OWNERS, and NON-RECORD CLAIMANTS, Defendants.

          JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

          DAVID R. HERNDON UNITED STATES DISTRICT JUDGE.

         On March 8, 2017, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Estate of Roy L. Hayes, deceased, Unknown Heirs and Devisees of Roy L. Hayes, deceased, Unknown Owners, and Non-Record Claimants. The parcel of property in question is located in Harrisburg, 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 26, 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, 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 Roy L. Hayes, secured by a mortgage dated June 21, 1994 (Exh. A of the complaint), in the total principal amount of $31, 070.00. The mortgage was recorded on June 21, 1994 in Mortgage Record Book 1033, Page 314-317 as Document No. 130351, Saline County, Illinois. The loan is evidenced by a promissory note dated June 21, 1994 (Exh. B). Defendant, Roy L. Hayes, deceased, defaulted on the note. On December 23, 2014, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Exh. 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:

Estate of Roy L. Hayes, deceased, Unknown Heirs and Devisees of Roy L. Hayes, deceased, Unknown Owners, and Non-Record Claimants

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

Common address: 608 S. Main, Harrisburg, IL 62946 The South Sixty-seven (67) feet of Lots Three (3) and Four (4) in Block One (1) in Sloan's First Enlargement to the City of Harrisburg, Saline County, Illinois. EXCEPT the Coal, Oil, Gas and other Minerals.
PIN: 06-2-545-03

         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 $ 455.00
Fee to publish notice of pendency of action $ 761.64
Title expenses .......................................... $ ...

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