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. Jones

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

May 25, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JOHN W. JONES and VILLAGE OF SAN JOSE, Defendants.

          OPINION FOR JUDGMENT

          SUE E. MYERSCOUGH UNITED STATES DISTRICT JUDGE.

         The Court now considers Plaintiff United States of America's Motion to Enter Judgment (hereinafter the "Motion"). Pursuant to Federal Rule of Civil Procedure 55, 28 U.S.C. § 2001, and for the reasons stated below, the Motion (d/e 11) is GRANTED. 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. Defendant, John W. Jones, executed a Waiver of Service of Summons (d/e 5), pursuant to Federal Rule of Civil Procedure 4. Defendant, Village of San Jose, accepted service of the Complaint and consents to entry of this Judgment (d/e 8).

         II. EVIDENTIARY FINDINGS

         1. Defendant, John W. Jones, executed a mortgage and executed a note in the amount of $70, 932.00 secured by said mortgage (attached to the complaint as Exhibits A, B). The United States of America, acting through Rural Development, United States Department of Agriculture, was the mortgagee on the mortgage executed by defendant, John W. Jones, as mortgagor. The mortgage pertaining to the property described herein was recorded on August 8, 2005 in the Office of the Recorder of Deeds, Mason County, Illinois.

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

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

         4. Plaintiff moved the Court to enter Judgment of Foreclosure in this cause and has filed with the Motion an Affidavit of Costs by Lindsey M. Keyes, Acting State Director, Rural Development. That Motion and Affidavit stated that as of March 7, 2018, Plaintiff was owed the sum of $124, 088.45, plus a daily per diem accrual of $13.9612 per day, to the date of judgment. No. objection being made to the Motion or Affidavit of the Motion, the Motion is granted 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 or consent to judgment in this action: John W. Jones and Village of San Jose.

         6. All of the material allegations contained in the complaint are true and by virtue of the mortgage and indebtedness thereby secured, Plaintiff, UNITED STATES OF AMERICA, has a valid and subsisting lien arising out of a real estate mortgage on the property described as follows:

Ninety five (95) feet off from the North side of the North half (N1/2) of block two (2) in the Hicks Addition to the Village of San Jose, Illinois and is more fully described as follows:
Beginning at a point two hundred five (205) feet due North of the Southeast corner of said Block two (2) and running thence North ninety five (95) feet to the Northeast corner of said block two (2), thence due West to the lands of the Chicago and Alton Railroad Company, thence in a Southwesterly direction of course along the line of said Chicago and Alton Railroad Company to a point directly West of the point of beginning, thence due East to the place of beginning, Situated in the County of Mason, State of Illinois
001-650000

         7. By virtue of the mortgage 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 .................................. $400.00
Recording Fee for Notice of Foreclosure ................. $45.00
U.S. Marshal Fee for Service…….……….…………..$288.09
Title Cost/Appraisal ........................................... $926.25
Total ................................................................ $1, 659.34
b) Unpaid principal and interest:
Unpaid principal balance ............................... $65, 789.72
Accrued interest at $13.9612 per day due and unpaid as of March 7, 2018 ……… ................................. $24, 821.08
Late Charges ........................................................... $0.00
Interest on Fees ............................................... $3, 734.87
Fees Assessed ................................................ $29, 009.69
Total amount due plaintiff as of 1/25/2018 exclusive of foreclosure costs ………………….$123, 355.36
c) In addition, Plaintiff may be compelled to advance various sums of money in payment of costs, fees, expenses, and disbursements incurred in connection with the foreclosure, including, without limiting the generality of the foregoing, filing fees, stenographer's fees, witness fees, costs of publication, costs of procuring and preparing documentary evidence, and costs of procuring abstracts of title, certificates, foreclosure minutes, a title insurance policy and fees, charges, and expenses provided by law incurred by or owing to the United States Marshal, including such fees and expenses relating to conducting of the judicial sale as required by this judgment of foreclosure.
d) Under the terms of the mortgage, all such advances, costs and other fees, expenses, and disbursements are made a lien upon the mortgaged real estate and Plaintiff is entitled to recover all such advances, costs, expenses, and disbursements, together with interest on all advances at the rate provided in the mortgage, or, if no rate, from the date on which such advances are made.
e) In order to protect the lien of the mortgage, Plaintiff may necessarily have to pay taxes and assessments which have been or may be levied upon the mortgaged real estate.
f) In order to protect and preserve the mortgaged real estate, Plaintiff may have to make such repairs to the real estate as may reasonably be deemed necessary ...

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.