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United States v. Fayne

United States District Court, S.D. Illinois

February 16, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
CRYSTAL A. FAYNE, et al. Defendants.

          JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

          HERNDON, JUDGE.

         On September 7, 2017, the United States of America ("USA") commenced the above-captioned mortgage foreclosure suit against. Crystal A. Fayne, Illinois Housing Development Authority, Western Egyptian Economic Opportunity Council, Inc., and Mid Country Bank. The parcel of property in question is located in Carbondale, 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 21, 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. 17), 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 Crystal A. Fayne, secured by a mortgage dated October 26, 2007 (Exh. A of the complaint), in the total principal amount of $79, 000.00. The mortgage was recorded on October 26, 2007. The loan is evidenced by a promissory note dated October 26, 2007 (Exh. B). Defendant, Crystal A. Fayne, defaulted on the note. On April 2, 2015, the USA, acting through the United States Department of Agriculture, Rural Development, issued a notice/notices 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:
Crystal A. Fayne, Illinois Housing Development Authority, Western Egyptian Economic Opportunity Council, Inc., and Mid Country Bank
4. By virtue of the mortgage and indebtedness thereby secured, the USA has a valid and subsisting lien as follows:
Common address: 408 Palm Street, Carbondale, Illinois 62901 Lot 2 in Charles Brooks Subdivison, being a Re-Subdivision of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and the West Half of lot 11, in Charlotte Hansons Resubdivision of Lots 7 and 8 of Sam T Brush's 3rd Addition to the City of Carbondale, Illinois, as shown by the recorded Plat thereof in Plat cabinet 2, slot 185 in the Recorder's Office of Jackson County, Illinois.
Property ID No. 15-16-426-032

         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 $ 428.00
U.S. Marshals costs for service of summons $ 703.06
Title expenses ........................................... ...

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