United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL CHIEF U.S. DISTRICT JUDGE.
4, 2019, the Government filed a complaint to commence this
foreclosure action against Kelley S. Ripley (Doc. 1). This
Court has subject matter jurisdiction over the case pursuant
to 28 U.S.C. § 1345. A waiver of service was returned
executed on June 5, 2019, and Ripley's answer was due on
or before August 5, 2019 (Doc. 5). Ripley failed to respond
to the complaint, and a Clerk's entry of default was
entered on August 7, 2019 pursuant to Federal Rule of Civil
Procedure 55(a) (Doc. 7). On August 19, 2019, the Government
moved for default judgment pursuant to Rule 55(b) (Doc. 8).
judgment pursuant to Rule 55(b)(2) must be entered by the
Court, and the Court may conduct a hearing if it needs to:
“(A) conduct an accounting; (B) determine the amount of
damages; (C) establish the truth of any allegation by
evidence; or (D) investigate any other matter.”
Fed.R.Civ.P. 55(b)(2). Rule 55(b)(2) requires a plaintiff to
establish the following: “(1) when and against what
party the default was entered; (2) identification of the
pleading as to which default was entered; (3) whether the
defaulting party is an infant or incompetent person; (4) that
the defendant is not in military services such that the
Soldiers' and Sailors' Civil Relief Act of 1940 does
not apply; and (5) that notice has been served on the
defaulting party, if required by Rule 55(b)(2).”
UMG Recordings, Inc. v. Stewart, 461 F.Supp.2d 837,
841 (S.D. Ill. 2006).
the requirements for entry of a default judgment under Rule
55(b)(2) are satisfied here, and the Court does not find that
a hearing is necessary. As discussed, default was entered
against Ripley on August 6, 2019 (Doc. 7). The
Government's counsel submitted an affidavit stating
Ripley is not an infant, incompetent, or in the military
service of the United States of America (Doc. 6, Ex. 1).
Additionally, the motion for default judgment comports with
Federal Rule of Civil Procedure 54(c) by requesting relief
that does not differ in kind from, or exceed in amount, what
was demanded in the complaints. The Government also has
complied with Southern District of Illinois Local Rule
55.1(b) by mailing a copy of the motion to Ripley's last
known addresses (Doc. 8, Ex. 2).
under Illinois law, when a party does not submit a verified
answer denying the facts in the complaint, then a
“sworn verification of the complaint or a separate
affidavit setting forth such fact is sufficient evidence
thereof against such party and no further evidence of such
fact shall be required.” 735 ILCS 5/15-1506(a)(1). The
Court may enter a judgment of foreclosure “upon motion
supported by an affidavit stating the amount which is due the
mortgagee . . . where all the allegations of fact in the
complaint have been proven by verification of the complaint
or affidavit.” 735 ILCS 5/15-1506(a)(2). In this case,
the Acting State Director for Rural Development attested to
the allegations of fact in the Amended Complaint and set
forth the amount due (Doc. 8, Ex. 1).
the Court GRANTS the motion for default
judgment (Doc. 8) and FINDS:
United States of America, acting through the United States
Department of Agriculture, Rural Development (formerly
Farmers Home Administration), made a loan to Margaret A.
Zieba, secured by a mortgage dated November
5, 1992 (Doc. 1, Ex. 1, pp. 1-4), this mortgage was assumed
by Daniel G. Ripley and Kelley S. Ripley on February 7, 1995,
in the total principal amount of $49, 640.00 (Id. at
pp. 5-9). The mortgages were recorded on November 5, 1992, in
Mortgage Record Book 802 at Page 698 (Id. at pp.
1-4) and on February 7, 1995 in Mortgage Record Book 864 at
Page 16 (Id. at pp. 5-9), in Jackson County,
Illinois. These loans are evidenced by promissory notes dated
November 5, 1992 (Id. at pp. 10-12) and February 7,
1995 (Id. at pp. 14-15). Defendant Kelley S. Ripley
defaulted on the note. On December 22, 2014, the United
States of America, acting through the United States
Department of Agriculture, Rural Development, issued a notice
of acceleration (Id. at pp. 21-16).
the following is the name of a person that who may have
claimed an interest in the above described property, but who
is foreclosed from asserting her claim, if any, because of
her default in this action: Kelley S. Ripley.
by virtue of the mortgage and indebtedness thereby secured,
Plaintiff United States of America has a valid and subsisting
lien as follows:
Common address: 109 N. Lawrence Street, DeSoto, Illinois
Lot 34 in Rolling Acres Second Plat, being a subdivision of a
part of the Northwest Quarter of the Northwest Quarter and a
part of the Northeast Quarter of the Northwest Quarter of
Section 21, Township 8 South, Range 1 West of the
3rd P.M., in the Village of DeSoto, Jackson
County, Illinois, as shown by the recorded Plat thereof in
Plat Cabinet 1 on Page 91 in the Recorder's Office of
Jackson County, Illinois.
Tax ID# 10-21-126-025
by virtue of the mortgage and the indebtedness thereby
secured, as alleged in the Complaint, there is due ...