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United States v. Palmer

United States District Court, S.D. Illinois

September 5, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
MELANIE A. PALMER, Defendant.

          JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

          NANCY J. ROSENSTENGEL UNITED STATES DISTRICT JUDGE

         A Motion for Default Judgment is pending before this Court (Doc. 11). An order of default having previously been entered against Defendants (Doc. 10), the Court GRANTS the Motion for Default Judgment (Doc. 11) and FINDS:

1. The Court has jurisdiction of the parties and subject matter of this suit.
2. The United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made loans to Melanie A. Palmer, secured by mortgages dated August 13, 1999 and September 7, 2004 (Doc. 1-1, pp. 1-12), in the total principal amount of $39, 000.00. The mortgages were recorded on August 13, 1999 in Book 1343, on Pages 309 - 315 as Document No. 169060, Saline County, Illinois, and September 14, 2004, I Book 1733, on Page 285 - 290 as Document No, 200482, Saline County, Illinois. These loans are evidenced by promissory notes dated August 13, 1999, and September 7, 2004 (Doc. 1-1, pp. 13-19). Defendant, Melanie A. Palmer, defaulted on the note. On June 13, 2013, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Doc. 1-1, pp. 19-23).
3. On April 21, 2017, the Court granted the government's motion for service by publication (Doc. 7) and a Notice of Pendency of Action was issued (Doc. 8).
4. Ms. Palmer failed to answer or otherwise enter her appearance, and a Clerk's Entry of Default was issued on July 11, 2017. (Doc. 10).
4. That the following is the name of a person who may have claimed an interest in the property described above, but is foreclosed from asserting her claim, if any, because of her default in this action: Melanie A. Palmer
5. 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: 620 South Ledford, Harrisburg, IL 62946
LOT TWO (2) IN BLOCK NINE (9) OF THE HIGH SCHOOL ADDITION TO THE CITY OF HARRISBURG, SALINE COUNTY, ILLINOIS. EXCEPT ANY INTEREST THAT MAY EXIST IN THE COAL, OIL, GAS AND ALL OTHER MINERALS UNDERLYING SAID PREMISES TOGETHER WITH THE RIGHT TO MINE AND REMOVE THE SAME. PIN: 06-2-247-08
6. 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 ..... $ 455.00
U.S. Marshal costs for service of summons .... ...

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