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United States v. Deadmond

United States District Court, S.D. Illinois

January 22, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
ANGELA M. DEADMOND n/k/a ANGELA M. STELL and ILLINOIS HOUSING DEVELOPMENT AUTHORITY Defendants.

          JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

          Herndon United States District Court Judge.

         On September 8, 2017, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against Angela M. Deadmond n/k/a Angela M. Stell and Illinois Housing Development Authority. The parcel of property in question is located in Ashley, 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 December 5, 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. 10) 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 Angela M. Deadmond n/k/a Angela M. Stell, secured by a mortgage dated February 17, 2005 (Exh. A of the complaint), in the total principal amount of $89, 250.00. The mortgage was recorded on February 17, 2015 in Mortgage Record Book 624, at Page 573, as Document No. I 228446, Washington County, Illinois. The loan is evidenced by a promissory note dated February 17, 2005 (Exh. B). Defendant, Angela M. Deadmond n/k/a Angela M. Stell, defaulted on the note. On January 8, 2015, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Exh. D).

         3. The following persons may have claimed an interest in the above described property, but are foreclosed from asserting their claim, if any, because of their default in this action: Angela M. Deadmond n/k/a Angela M. Stell and Illinois Housing Development Authority

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

Common address: 6521 U.S. Highway 51, Ashley, Illinois 62808
SEE ATTACHED LEGAL DESCRIPTION

         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 ............ $ 445.00
U.S. Marshals costs for service of summons ........ $ 162.89
Title expenses ....................................................... $ 378.00
Escrow/Impound Required ................................... $ ...

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