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United States v. Schleuter

United States District Court, S.D. Illinois

July 17, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
CHELSEA J. SCHLEUTER, Defendant.

          JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

          J. PHIL GILBERT U.S. DISTRICT JUDGE

         This cause coming on to be heard upon the plaintiff's complaint [Doc. 1], and an order of default having been entered against the Defendant [Doc. 8], the Court finds:

         1. That it has jurisdiction of the parties to and subject matter of this suit. The Defendant has been properly served and having failed to answer or otherwise enter any appearance herein, although the time for answering having expired, is ordered defaulted.

         2. The United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loan to Chelsea J. Schleuter, secured by a mortgage dated August 14, 2008 [Doc. 1-1, Ex. A], in the total principal amount of $48, 000.00. The mortgage was recorded on August 15, 2008 as Document No. 2008R5215, Marion County, Illinois. That loan is evidenced by a promissory note dated August 14, 2008 [Doc. 1-1, Ex. B). Defendant, Chelsea J. Schleuter, defaulted on the note. On October 14, 2014, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration Doc. 1-1, Ex. C].

         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: Chelsea J. Schleuter

         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: 725 Oak Park Drive, Salem, Illinois 62881
Tract 1: Lot 1 in Block 11 Oak Park Addition No. 2 to the City of Salem, Marion County, Illinois. Except all coal, oil, gas, and other minerals.
Tract 2: Commencing at the Southwest corner of Lot 1 in Block 11 Oak Park Addition No. 2 to the City of Salem, Marion County, Illinois, thence running East along the South line of said Lot 1, a distance of 147 feet, thence running South 25 fee parallel with the West line of North Miller Avenue, thence running West to the South edge of Oak Park Avenue parallel with the South line of said Lot 1, thence running in a Northeasterly direction parallel with the South edge of Oak Park Avenue 25 feet, more or less, to the place of beginning, situated in Marion County, Illinois. Excepting all coal, oil, gas, and other minerals.
Property ID No. 11-00-014-200

         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 ............

$ 440.00

U.S. Marshals costs for service of summons ........

$ 287.56

Late Charges .......................................................

$ 64.28

Interest on Fees .....................................................

$ 803.29

Caretaker Expenses ...............................................

$ 3, 900.00

Escrow Expenses ..................................................

$ 6, 499.82

Title expenses .......................................................

$ 253.00

TOTAL .......................................................

$12, 247.95

         (b) For the use and benefit of the plaintiff, holder of the note secured by the mortgage aforesaid, but subject and subordinate to the lien for payment of the ...


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