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United States v. Williamson

United States District Court, S.D. Illinois

November 7, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DANA R. WILLIAMSON and PETER M. WILLIAMSON, 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 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. The United States of America, acting through the United States Department of Agriculture, Rural Development (formerly Farmers Home Administration), made a loan to Dana R. Williamson and Peter M. Williamson, secured by a mortgage dated April 9, 2009 (Ex. A of the complaint), in the total principal amount of $87, 400.00. The mortgage was recorded on April 9, 2009, in Mortgage Record Book 265, Page 574, Doc No. 3721, Williamson County, Illinois. That loan is evidenced by a promissory note dated April 9, 2009 (Ex. B). Defendants, Dana R. Williamson and Peter M. Williamson, defaulted on the note. On November 19, 2014, the United States of America, acting through the United States Department of Agriculture, Rural Development, issued notices 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: Dana R. Williamson and Peter M. Williamson 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: 812 West Madison Street, Herrin, Illinois 62948

The West One-Fourth (W ¼) of Lot Sixteen (16) of H.F. McNeill's First Survey of Outlots in Section Nineteen (19), Township Eight (8) South, Range Two (2) East of the Third Principal Meridian, reserving a strip of land Twenty-five (25) feet of equal width on the North side thereof and Twenty-five (25) feet of equal width on the West side thereof for street purposes and Five (5) feet on the South side thereof for alley purposes. EXCEPT all the coal, oil, gas and other minerals underlying said land with the right to mine and remove the same, and subject to all other rights and easements in favor of the owner of the mineral estate or of any party claiming by, through, or under said estate, situated in Williamson County, Illinois. With privileges of and subject to, easements, restrictions, covenants, and right of way grants of record.
Property ID No. 02-19-363-010

         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 ................ $ 451.00
U.S. Marshals costs for service of summons ............ $ 71.38
Escrow/Impound Required ...

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