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United States v. Estate of Donohue

United States District Court, S.D. Illinois

June 18, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ESTATE OF MICHAEL R. DONOHUE, Deceased, SEAN DONOHUE, Executor of the Estate of Michael R. Donohue, deceased, JUDITH KUJANSON, DANIEL DONOHUE, MARY E. DONOHUE, SUSAN V. BECKER a/k/a SUSAN V. DONOHUE, UNKNOWN HEIRS AND LEGATEES OF MICHAEL R. DONOHUE, DECEASED, UNKNOWN HEIRS AND LEGATEES OF TIMOTHY DONOHUE, DECEASED, UNKNOWN OWNERS, and NON-RECORD CLAIMANTS, 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 or have waived service and, having failed to answer or otherwise enter any appearance herein and 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 Michael R. Donohue, deceased and Susan V. Becker a/k/a Susan V. Donohue, secured by a mortgage dated October 30, 1996 (Ex. A of the complaint), in the total principal amount of $48, 000.00. The mortgage was recorded on October 30, 1996, in Mortgage Record 215, on Page 9 of Document No. 11496, Williamson County, Illinois. That loan is evidenced by a promissory note dated October 30, 1996 (Ex. B of the complaint). Defendant, Susan V. Becker a/k/a Susan V. Donohue, defaulted on the note. On July 12, 2013, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration (Ex. C of the complaint).

         3. That the following are the names of persons that may have claimed an interest in the above described property, but are foreclosed from asserting their claim, if any, because of their default in this action: Susan V. Becker a/k/a Susan V. Donohue, Daniel Donohue, Mary E. Donohue, Sean Donohue, Estate of Michael R. Donohue, deceased, Judith Kujanson, Unknown Heirs and Legatees of Michael R. Donohue, deceased, Unknown Heirs and Legatees of Timothy Donohue, deceased, Unknown Owners, and Non-Record Claimants

         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: 201 Dunston Street, Marion, Illinois 62959 f/k/a Route 1, Box 625, Marion, Illinois 62959
SURFACE ONLY of Lots Eight (8), Nine (9) and Ten (10) all in Block Eight (8) in Chicago and Marion Coal Company's First Addition to the Village of White Ash, Illinois. Situated in the County of Williamson and State of Illinois.
PIN: 03-30-358-005

         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 ........ $ 88.76
Notice of Pendency of Action .............................. ...

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