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United States v. Tipsword

United States District Court, S.D. Illinois

September 13, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
TRAVIS W. TIPSWORD and ANNA E. TIPSWORD, Defendants.

          JUDGMENT DECREE AND ORDER DIRECTING SALE OF MORTGAGED PROPERTY

          STACI M. YANDLE, UNITED STATES DISTRICT JUDGE

         This cause coming on to be heard upon 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, are ordered defaulted.

         2. That the United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loan to Travis W. Tipsword, secured by a mortgage dated June 16, 2010 (Ex. A of the complaint), in the total principal amount of $77, 500.00. The mortgage was recorded on June 17, 2010, in Mortgage Record Book 2631 page 3 as Document No. 201001002881, Effingham, County, Illinois. That loan is evidenced by a promissory note dated June 16, 2019 (Ex. B). Defendant, Travis W. Tipsword, defaulted on the note. On December 3, 2014, 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: Travis W. Tipsword and Anna E. Tipsword

         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: 308 W Lawrence Avenue Effingham, Illinois 62401
Lot Eleven (11) in Block One (1) in White's Addition “A” in the City of Effingham, Illinois (reference made to the plat thereof recorded in Plat Book 1 page 2 in the Recorder's Office of Effingham County), situated in the County of Effingham and State of Illinois.
Property ID No. 03-16-043-005

         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 ............ $ 455.00
U.S. Marshals costs for service of summons ........ $ 842.56
Late Charges ....................................................... ...

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