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United States v. Robertson

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

July 1, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CHEYENNE D. ROBERTSON, Defendant.

          OPINION

          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 is ALLOWED. 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. The defendant, Cheyenne Robertson, returned a Waiver of Service of Summons (d/e 3), pursuant to Federal Rule of Civil Procedure 4 and has acknowledged receipt of the complaint as shown by the file in this case, and did not thereafter voluntarily appear in these proceedings.

         II. EVIDENTIARY FINDINGS

         1. Defendant, Cheyenne Robertson, executed a mortgage and a note (attached to the complaint as Exhibits A, B) in the amount of $75, 850.00 secured by said mortgage. The United States of America, acting through Rural Development, United States Department of Agriculture, was the mortgagee on the mortgage executed by defendant as mortgagor. The mortgage pertaining to the property described herein was recorded on June 5, 2008 in the Office of the Recorder of Deeds, Shelby 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 a Default Judgment of Foreclosure in this cause and has filed with the Motion an Affidavit of Costs. That Motion and Affidavit stated that as of November 5, 2018, Plaintiff was owed the sum of $91, 434.25 plus a daily per diem accrual of $10.9072 per day to date of judgment. No. objection being made to the Motion or Affidavit of the Motion, the Motion is allowed 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 in this action: Cheyenne Robertson.

         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:

Lot 2 in Block 17 in Crane and Stevenson's Addition to the Town (now City) of Shelbyville, Shelby County, Illinois. Except all coal and minerals previously reserved or conveyed together with the right to mine and remove the same, Situated in Shelby County, Illinois.

         Permanent Index Number: 2013-07-18-304-005

         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…………………..$400.00
Recording Fee - Notice of Foreclosure….…$ 46.00
Title Cost…………………………………………$215.00
Total………………………………………………$661.00

         b) Unpaid principal and interest:

Unpaid principal balance…….………….$56, 443.58
Accrued interest at $10.9072 per day due and unpaid as of 11/5/2018 ……....$14, 928.26
Escrow Shortage…………………………..…..…$0.00
Late Charges……………………………..….…$183.54
Interest on Fees………………………….….$1, 811.21
Fees Assessed……………….……………..$17, 621.66
Subsidy recapture …………………………….….$0.00
Total amount due plaintiff as of 11/5/2018 (not including foreclosure costs)…..…..$90, 988.25

         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 ...


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