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United States v. Holmes

United States District Court, S.D. Illinois

June 5, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
ESTATE OF AUSTIN W. HOLMES, Deceased, NICOLE E. HOLMES, BRITTANY HOLMES, LEISA J. HOLMES, as Administrator of the Estate of Austin W. Holmes, Deceased, and THE CITY OF JOHNSTON CITY, ILLINOIS, Defendants.

          JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

          J. PHIL GILBERT UNITED STATES 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, is 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 Austin W. Holmes, deceased, and Nicole E. Holmes, secured by a mortgage dated October 8, 2009 (Ex. A of the complaint), in the total principal amount of $75, 000.00. The mortgage was recorded on October 8, 2009, in Mortgage Record 267, Page 216 as Document No. 10373, Williamson County, Illinois. That loan is evidenced by a promissory note dated October 8, 2009 (Ex. B). Defendants, Austin W. Holmes, deceased, and Nicole E. Holmes, defaulted on the note. On May 4, 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: Estate of Austin W. Holmes, deceased, Nicole E. Holmes, Brittany Holmes, Leisa J. Holmes, as Administrator of the Estate of Austin W. Holmes, deceased, and The City of Johnston City, Illinois

         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: 800 W. 9th Street Johnston City, Illinois 62951
Lot One (1) Block Two (2) in Duggan's First Survey of Outlots to Johnston City, Illinois, the plat of which is recorded in Plat Record 3 at page 67 in the Office of the Recorder of Williamson County, Illinois, EXCEPT any interest in the coal, oil, gas, and other minerals underlying the land which have been heretofore conveyed or reserved in prior conveyances, an all rights and easements in favor of the estate of said coal, oil, gas and other minerals, if any situated in Williamson County, Illinois.

         Property ID No. 02-13-381-009

         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 ............ $ 435.00
U.S. Marshals costs for service of summons ........ $ 81.35
Fee to publish notice of pendency of action ......... $ ...

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