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United States v. Young

United States District Court, S.D. Illinois

October 15, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
LISA L. YOUNG n/k/a LISA L. EBLIN 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 or have waived service 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 Lisa L. Young n/k/a Lisa L. Eblin, secured by a mortgage dated July 27, 2004 (Ex. A of the complaint), in the total principal amount of $105, 679.00. The mortgage was recorded on July 27, 2004 in Mortgage Record Doc No. 9166, Book 247, Page 267, Williamson County, Illinois. That loan is evidenced by a promissory note dated July 27, 2004 (Ex. B of the complaint). Defendant, Lisa L. Young n/k/a Lisa L. Eblin, defaulted on the note. On December 31, 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: Lisa L. Young n/k/a Lisa L. Eblin 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: 3109 Lakeview, Marion, Illinois 62959
Lot Two (2) in Block Two (2) in Westernaire Estates, being a subdivision of a part of the Southwest one fourth (SW ¼) of the Southwest Quarter (SW ¼) of Section 15 and a part of the Southeast one-fourth (SE ¼) of the Southeast Quarter (SE ¼) of Section 16, all in Township 9 South, Range 2 East of the Third Principal Meridian, the plat of which is recorded in Plat Record 6 at page 6 in the Recorder's Office of Williamson County, Illinois.

         Property ID# 06-15-352-002

         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 ............ $ 553.00
U.S. Marshals costs for service of summons ........ $ 254.74
Escrow/Impound Required .................................. $ ...

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