UNITED STATES OF AMERICA ON BEHALF OF ITS AGENCY SECRETARY OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT v. Saucedo et al

Filing 43

MOTION by Plaintiff United States of America, on behalf of its agency, Rural Housing Service or Successor Agency, United States Department of Agriculture for judgment of Foreclosure (Attachments: # 1 Exhibit Affidavit of Amounts Due, # 2 Exhibit Certificate of Attorneys' Fees)(Rasmussen, Ashley)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
WESTERN DIVISION
UNITED STATES OF AMERICA, ON BEHALF OF ITS
AGENCY, RURAL HOUSING SERVICE OR SUCCESSOR
AGENCY,
UNITED
STATES DEPARTMENT
OF
AGRICULTURE,

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)
)
)
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Plaintiff,
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V.
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TAMMY SAUCEDO; THE HARVARD STATE BANK; )
UNKNOWN O\VNERS AND NON-RECORD CLAIMANTS, )
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Defendants.
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Case No. 16-cv-50292
Judge Frederick J Kapala
Magistrate Judge
Iain D Johnston

AFFIDAVIT OF PROVE-UP PURSUANT TO 735 ILCS 5/15-1506
STATE OF ILLINOIS

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COUNTY OFCHAMPAIGN

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) ss.

The undersigned, Lindsey Keyes (the "Affiant"), being first duly sworn on oath,
deposes and states as follows:
1.

I am over 18 years of age.

2.

That I am competent to testify; that the facts herein are based upon my

personal knowledge except as to those matters stated to be upon information and belief
and as to those matters I believe them to be true and that if called to testify, I would
testify in accordance with the facts herein set forth.
3.

That I am the Rural Development Housing Program Director for the

United States Department of Agriculture (hereafter "Plaintiff') and, in that capacity, I
have reviewed (i) the Note (the ''Notes") made the subject of Plaintiff's Complaint; (ii)
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the Mortgage (the "Mortgages") made the subject of Plaintiff's Complaint; (iii) relevant
loan closing documentation obtained in connection with the execution and delivery of the
Note and Mortgage; and (vii) the Plaintiff's books and records pertaining to the Note and
Mortgage and based on the foregoing review, I state as follows:
A. That on December 3, 2002, Tammy Saucedo for value received, executed and
delivered a Note, for value received to the UNITED STATES OF AMERICA. See
Exhibit A, Note.
B. That on December 3, 2002, Tammy Saucedo (a divorced person, not since
remarried), for value received, executed and delivered a Mortgage to the United
States of America which was recorded with the McHenry County Recorder's
Office on December 11, 2002 as Document Number 2002RO 117131. See Exhibit
B, Mortgage.
C. Tammy Saucedo was the ownersof the real estate, which is the subject of this
foreclosure action, at the time the Note and Mortgage was executed and delivered.
E. The Defendant(s), Tammy Saucedo, defaulted under the terms of the Mortgage and
the amount owed under the Notes was accelerated on December 6, 2014 as outlined
in the Complaint and at Exhibit D of the Complaint, affidavit of Dana A
Daugherty, incorporated herein by reference.
F. The Notes and Mortgages are in default due to Defendant's failure to comply with
the terms of the Mortgages as detailed in Exhibit D of the Complaint and, as of
August 14, 2017, there was due and owing to the Plaintiff the following sums, plus
attorney's fees, title expenses, and court costs:
a.

Principal balance due as of 8/14/2017:

$159,383.32

b.

Interest through 8/14/2017:

$ 40,019.72

c.

Pre-Acceleration late charges:

$

d..

Advances made by Plaintiff:
(i) Escrow balance/advance for
taxes and insurance:

$ 21,273.29

(ii) property inspection fee:

$

0.00

(iii) property maintenance:

$

0.00

(iv) appraisal/BPO:

$

300.00

(v) miscellaneous foreclosure expense

$

389.46

0.00

Total advances:

$ 21,573.29

2

I.

($0.00)

Suspense Balance:

Total balance due as of 8/14/2017:

$221,365.79

G. Plaintiff is entitled to accrued interest at the rate set forth in the Notes, to the date
of Judgment, at the rate of $29.7464 per diem.
4.

Defendant(s) Taimny Saucedo is not known by Affiant to be an infant,

incompetent or in the rniliary service.
5.

This affidavit is made in support of a Judgment of Foreclosure and Sale in

favor of Plaintiff.
6.

Further Affiant sayeth not.

I AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE FOREGOING
REPRESENTATIONS ARE TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE, INFORMATION, AND BELIEF.

United States of America

USDA, Rural Development

Date: August 14, 2017

STATE OF ILLINOIS
COUNTY OF CHAMPAIGN

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) ss.
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SUBSCRIBED AND SWORN to before me this 14th day of August, 2017.
Meleah L. Smith, Notary Public
State of Illinois, County of
Champaign
My conunission expires:
5/13/2019
Acting in the County of Champaign

OFFICIAL SEAL

MELEAH L. SMITH

Notary Public - State of Illinois
My Commission Expires 5/13/2019

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