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United States v. Parks

United States District Court, S.D. Illinois

August 13, 2019

UNITED STATES OF AMERICA Plaintiff,
v.
WHITNEY N. PARKS and CITY OF MARION, 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 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 Whitney N. Parks, secured by a mortgage dated September 5, 2013 (Ex. A of the complaint), in the total principal amount of $64, 925.00. The mortgage was recorded on September 5, 2013 in Mortgage Record Book 278, at Page 135, as Document No. 2013-00008269, Williamson County, Illinois That loan is evidenced by a promissory note dated September 5, 2013 (Ex. B). Defendant, Whitney N. Parks, defaulted on the note. On February 3, 2015, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued a notice 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: Whitney N. Parks and City of Marion, 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: 1104 W. Lee Avenue, Marion, Illinois 62959
SEE ATTACHMENT FOR LEGAL DESCRIPTION

         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 ............ $ 486.00
U.S. Marshals costs for service of summons ........ $ 389.25
Late Charges ....................................................... $ 78.50
Escrow/Impound Required ................................... $ 302.10
Interest on Fees ..................................................... ...

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