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United States v. Schnicker

United States District Court, S.D. Illinois

February 21, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JERRY E. SCHNICKER and JULIANN SCHNICKER, Defendants.

          JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

          J. PHIL GILBERT, DISTRICT JUDGE.

         This cause coming on to be heard upon the plaintiff's complaint, and an order of default having been entered against the Defendants, the Court finds:

         1. That it has jurisdiction of the parties to and subject matter of this suit. The Defendants have each been properly served and having failed to answer or otherwise enter any appearance herein, although the time for answering having expired, are 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 Jerry E. Schnicker and Juliann Schnicker, secured by a mortgage dated October 27, 2005 (Ex. A of the complaint), in the total principal amount of $88, 650.00. The mortgage was recorded on October 28, 2005, in Mortgage Record Doc. No. 1876, Book 167, Page 957, Hamilton County, Illinois. That loan is evidenced by a promissory note dated October 27, 2005 (Ex. B). Defendants, Jerry E. Schnicker and Juliann Schnicker, defaulted on the note. On June 17, 2016, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued notices of acceleration (Ex. C).

         3. That the following are the names of persons that 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: Jerry E. Schnicker and Juliann Schnicker.

         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: North 6th Street, Dahlgren, Illinois 62828
Lots Twenty-Four (24) and Thirty-One (31) in the Original Plat of the Village of Dahlgren, situated in the Hamilton County, Illinois. Except the coal, oil, gas, and all other minerals underlying said premises together with the right to mine and remove the same.
PIN: 01-056-003-00

         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 ............ $ 467.00
U.S. Marshals costs for service of summons ........ $ 481.90
Title expenses ....................................................... ...

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