Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Estate of Mary K. Cooper

United States District Court, C.D. Illinois, Springfield Division

February 9, 2018

UNITED STATES OF AMERICA Plaintiff,
v.
ESTATE OF MARY K. COOPER, JEFFERY L. COOPER, SCOTT A. COOPER, LONNIE R. COOPER, SEYLA HAMM, C.C., NOW KNOWN AS C.T., A MINOR BY AND THROUGH MARK K. WYKOFF, SR., GUARDIAN AD LITEM TO C.T., KEVIN N. MCDERMOTT, SPECIAL REPRESENTATIVE TO THE ESTATE OF MARY K. COOPER, DECEASED, UNKNOWN OWNERS, INCLUDING UNKNOWN HEIRS AND LEGATEES OF MARY K. COOPER, DECEASED, AND NON-RECORD CLAIMANTS, Defendants.

          OPINION FOR JUDGMENT OF FORECLOSURE

          SUE E. MYERSCOUGH UNITED STATES DISTRICT JUDGE

         The Court now considers Plaintiff United States of America's Motion to Enter Judgment (d/e 34) (hereinafter the “Motion”). Pursuant to Federal Rules of Civil Procedure 12, 55, and 56, and 28 U.S.C. § 2001, and for the reasons stated below, the Motion is ALLOWED. In connection with its decision, the Court has considered all of the pleadings and evidence submitted to date. Based thereon, the Court makes these FINDINGS:

         I. JURISDICTION

         1. The Court has jurisdiction over the subject matter and parties pursuant to 28 U.S.C. §§ 1345 and 1391, respectively. Pursuant to Federal Rule of Civil Procedure 4, Waivers of Service of Summons were returned for defendants, Seyla Hamm (d/e 8), Jeffrey L. Cooper (d/e 9), Scott A. Cooper (d/e 10), and Lonnie R. Cooper (d/e 11). Between July 26, 2017 and August 17, 2017, publication was made in the Mason County Democrat, Havana, Illinois (d/e 29), and unknown owners, including unknown heirs and legatees of the Estate of Mary K. Cooper were properly served, and did not thereafter voluntarily appear in these proceedings.

         2. Defendant C.C., a minor, now known as C.T., was personally served by the U.S. Marshals Service on June 21, 2017 and has consented to the entry of judgment. (d/e 20).

         3. On June 28, 2017, Kevin McDermott was appointed as Special Representative for the deceased mortgagor Mary K. Cooper in the Sixth Judicial Circuit, Mason County, Illinois. On October 16, 2017, a hearing was held by Judge Alan Tucker on the Report of Special Representative, who entered an Order approving the Special Representative's Report and discharged the Special Representative in this case.

         II. EVIDENTIARY FINDINGS

         1. Mary K. Cooper executed mortgages on the property in the amounts of $52, 400.00 and $9, 300.00, secured by said mortgages. The United States of America, acting through Rural Development, United States Department of Agriculture, was the mortgagee on the mortgages executed by Mary K. Cooper as mortgagor, and both mortgages were recorded in Mason County, Illinois. (See Exhibits A-C to Doc. 25).

         2. The material factual allegations stated in the amended complaint filed herein have not been denied in any responsive pleading.

         3. Plaintiff is the owner of the note and mortgages described in the amended complaint.

         4. Plaintiff moved the Court to enter a Motion to Enter Judgment of Foreclosure in this cause and has filed with the Motion an Affidavit of Costs by Douglas Wilson, State Director, Rural Development. That Motion and Affidavit stated that as of January 10, 2018, Plaintiff was owed (via a Note and Mortgages hereinafter described) the sum of $70, 495.16 plus a daily per diem accrual of $14.7642 thereafter to date of judgment. No. objection being made to the Motion or Affidavit of the Motion, the Motion is allowed and the Affidavit is admitted into evidence in this cause.

         5. The following are names of persons who may have claimed an interest in the above-described property, but who are foreclosed from asserting their claim, if any, because of their default in this action: Seyla Hamm, Jeffrey Cooper, Scott Cooper, and Lonnie Cooper.

         6. All of the material allegations contained in the amended complaint are true and by virtue of the mortgages and indebtedness thereby secured, Plaintiff, United States of America, has a valid and subsisting lien arising out of a real estate mortgages on the property described as follows:

A 1.19 acre tract of land off the East end of a three (3) acre tract of land located in the Southeast Quarter (SE ¼) of Section 5, Township 21 North, Range 8 West of the Third Principal Meridian and recorded in Book 301 of Real Estate Record on page 470 in the Recorder's Office of Mason County, Illinois, said 1.19 acre tract of land being described by metes and bounds as follows: Commencing at an iron pipe found marking the Southeast corner of said Section 5; thence North along the East line of said Section 5, 1070.36 feet (record 1069.97 feet) to a found iron pin, said iron pin being the actual point of beginning; thence North 89º 30'06” West (record Westerly), 250.00 feet to an iron pin; thence North 208.00 feet to an iron pin; thence South 89º 30' 06” East (record Easterly), 250.00 feet to a found iron located on the East line of said Section 5; thence South along said East line, 208.00 feet to the actual point of beginning:
The above described tract contains 1.19 acres and is subject to a right of way for public road purposes across the East end thereof and is also subject to all utility easements of record:
Situated in the County of Mason, in the State of Illinois
Tax ID No. 005-272000

         7. By virtue of the mortgages and the indebtedness thereby secured, as alleged in the complaint, there is due Plaintiff, 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 Fee .................................... $400
U.S. Marshals' Costs for Service of Summons……...$65
Recording Notice of a Suit to Foreclose Mortgage….$45
Title Cost .............................................................. $450
Cost of Notice of Publication .................................. $676
Filing Fee - Mason County …… ..... ……...……...……$201
Kevin McDermott, Special Representative Fee.…….$500
Total…………… ................................. $2, 337.00

         b) Unpaid principal and interest:

Unpaid principal balance ........................... $40, 889.91
Accrued interest at $14.7642 per day due/unpaid as of January 10, 2018…… ..... $15, 339.69
Escrow Shortage…… ................................... $22, 360.14
Interest on Fees ............................................ $5, 544.32
Fees Assessed ............................................. $28, 950.14
Total amount due plaintiff as of January 10, 2018, exclusive of foreclosure costs ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.