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United States v. McIntosh

United States District Court, S.D. Illinois

October 9, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
AARON C. MCINTOSH, Defendant.

          JUDGMENT DECREE & ORDER DIRECTING SALE OF MORTGAGED PROPERTY

          J. PHIL GILBERT, UNITED STATES DISTRICT JUDGE

         This is a foreclosure of a mortgage of residential real estate. Before the Court is the Government's Motion for Default Judgment against Defendant Aaron C. McIntosh. Having reviewed the Government's Complaint and the Clerk of Court's Default Entry, the Court finds the following:

         1. The Court has subject-matter jurisdiction pursuant to 28 U.S.C. § 1345. Defendant was properly served and failed to timely plead or defend. Accordingly, Defendant was ordered defaulted.

         2. The Government, acting through the United States Department of Agriculture, Rural Development (formerly, “Farmers Home Administration”), made a loan to Defendant, secured by a mortgage dated December 24, 2008, (Compl. Ex. A), in the total principal amount of $101, 750.00. The mortgage was recorded on December 29, 2008, in Mortgage Record Doc. No. 2008R07779, Clinton County, Illinois. That loan is evidenced by a promissory note dated December 24, 2008. (Compl. Ex. B). Defendant defaulted on the note. On April 7, 2015, the Government, acting through the United States Department of Agriculture, Rural Development, issued a notice of acceleration. (Compl. Ex. C).

         3. The name of a person that may have claimed an interest in the above-described property (but who is precluded from asserting his claim, if any, because of his default in this action) is Aaron C. McIntosh.

         4. By virtue of the mortgage and indebtedness thereby secured, the Government has a valid and subsisting lien on the following property:

Common address: 1710 Livingston Street, Carlyle, Illinois 62231 Lot One (1) in Block Thirty-seven, of Upper Carlyle, Clinton County, Illinois Property ID# 08-07-13-418-010

         5. By virtue of the mortgage and the indebtedness thereby secured, as alleged in the Complaint, the following is due to the Government:

(a) For its own use and benefit for the costs of this suit and for:
U.S. Attorney's docket and recording fees ....... $ 450.00
U.S. Marshal's costs for service of summons ..... $ 189.88
Escrow/impound required ................. . . $ 896.69
Late charges ............................... $ 307.58
Interest on fees ............................ . $ ...

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