USA v. Murphy et al
Filing
13
Judgment and Order granting 12 Motion for Default Judgment. Judgment entered in favor of Plaintiff and against Defendants. See Order for details. Signed by Chief Judge David R. Herndon on 2/5/14. (klh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA,
Plaintiff,
vs.
Civil No. 13-cv-477-WDS-PMF
FRANK A. MURPHY,
and CHRISTINA M. MURPHY,
Defendants.
JUDGMENT DECREE AND ORDER
DIRECTING SALE OF MORTGAGED PROPERTY
This cause coming on to be heard upon the plaintiff's complaint, and an
order of default having been entered against the Defendants, Frank A. Murphy
and Christina M. Murphy 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 has
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 Frank A. Murphy and Christina M. Murphy,
secured by a mortgage dated July 15, 2003 (Ex. A of the complaint), in the total
principal amount of $70,871.00. The mortgage was recorded on July 16, 2003 in
Mortgage Record Book 464, Pages 448-344, as Document No. 001793, Johnson
County, Illinois. That loan is evidenced by a promissory note dated July 15, 2003
(Ex. B). Defendants, Frank A. Murphy and Christina M. Murphy, defaulted on the
note.
On March 26, 2012, 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 who 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:
Frank A.
Murphy and Christina M. Murphy
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: 860 Old Rt. 146 Loop, Vienna, Illinois 62995
A part of the Southwest Quarter of the Southeast Quarter of Section 31,
Township 12 South, Range 3 East, more particularly described as follows:
Beginning at the Southeast Corner of said Quarter-Quarter Section, thence
Northwesterly 164 feet; thence North 275 feet; thence East 125 feet; thence South
to the point of beginning. Situated in the County of Johnson, State of Illinois.
Property Record No. 05-31-413-000
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
465.00
U.S. Marshals costs for service of summons $
161.70
Fee to publish notice of pendency of action $
729.60
Title expenses ...........................................
$
687.00
TOTAL
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$
$ 2,043.30
....................................... ……
(b)
For the use and benefit of the plaintiff, holder of the note
secured by the mortgage aforesaid, but subject and
subordinate to the lien for payment of the items mentioned in
subparagraph (a) of this paragraph:
Unpaid principal balance ..........................
$88,630.88
Subsidy recapture paid .............................
$ 8,533.35
Accrued interest at 13.8937 per day due and
unpaid as of December 9, 2013 ................ $18,010.08
Total amount due plaintiff as of December 9, 2013,
Including costs detailed in 5(a) ................. $117,217.61
(c)
(d)
Under the terms of the mortgage, all such advances, costs and
other fees, expenses and disbursements are made a lien upon
the mortgaged real estate and the plaintiff is entitled to recover
all such advances, costs, expenses and disbursements,
together with interest on all advances at the rate provided in
the mortgage, or, if no rate is provided therein, at the statutory
judgment rate, from the date on which such advances are
made.
(e)
In order to protect the lien of the mortgage, it may or has
become necessary for plaintiff to pay taxes and assessments
which have been or may be levied upon the mortgaged real
estate.
(f)
In order to protect and preserve the mortgaged real estate, it
may also become necessary for the plaintiff to make such
repairs to the real estate as may reasonably be deemed for the
proper preservation thereof.
(g)
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In addition, the plaintiff may be compelled to advance various
sums of money in payment of costs, fees, expenses and
disbursements incurred in connection with the foreclosure,
including, without limiting the generality of the foregoing, filing
fees, stenographer's fees, witness fees, costs of publication,
costs of procuring and preparing documentary evidence and
costs of procuring abstracts of title, certificates, foreclosure
minutes and a title insurance policy.
Under the terms of the mortgage, any money so paid or
expended has or will become an additional indebtedness
secured by the mortgage and will bear interest from the date
such monies are advanced at the rate provided in the
mortgage, or, if no rate is provided, at the statutory judgment
rate.
6.
That Johnson County, Illinois, has a valid lien on the above-
described property for tax for the year 2013, and the property will be sold subject
to the interest of Johnson County, resulting from taxes, general or special, which
are a valid lien against the above-described property.
WHEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED by this
Court that judgment is entered against Frank A. Murphy and Christina M.
Murphy, for $117,217.61, and unless the defendants and their assigns and
successors in interest to the above-described property pay to the plaintiff, the
United States of America, acting through the Farmers Home Administration,
United States Department of Agriculture, within three days from the date of this
decree the sum of $117,217.61 with attorney's fees and court costs with lawful
interest to be computed thereon from this date until paid, the real estate
described in paragraph 4 of this decree shall be sold at public sale to the highest
bidder for 10% at time of sale and balance within 72 hours, subject to taxes,
general or special, due and owing to Johnson County, Illinois, by the United
States Marshal for the Southern District of Illinois at the front door of the
Johnson County Courthouse in the City of Vienna, Illinois.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that judgment is
entered in favor of the United States and against Frank A. Murphy and Christina
M. Murphy. The real estate shall be sold free and clear of any claimed lien of
Crank A. Murphy and Christina M. Murphy.
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United
States Marshal for the Southern District of Illinois give public notice of the time,
place, and terms of such sale, together with a description of the premises as
referred to in paragraph 4 of this decree to be sold, by previously publishing the
same once each week for three (3) consecutive weeks as provided by law in a
secular newspaper of general publication in the State of Illinois, the first
publication to be not less than four weeks before the date of such sale; that said
United States Marshal may adjourn the sale so advertised by giving public notice
by proclamation; that the plaintiff or any of the parties to this cause may become
the purchaser or purchasers at such sale; that upon such sale being made, the
United States Marshal shall execute and deliver to the purchaser or purchasers a
certificate of sale and that said certificate of purchase shall be freely assignable by
endorsement thereon.
This is a foreclosure of a mortgage of residential real estate.
The amount required to redeem shall consist of the total balance due as
declared above plus interest thereon at the statutory rate hereunder and all
additional costs and other expenses allowed by the Court.
If the purchaser at the judicial sale of residential real estate is a mortgagor
who is a party to this proceeding or its nominee, and if the sale price is less than
the amount required to redeem specified in 735 ILCS § 5/15-1604, an owner of
redemption has a special right to redeem for a period ending 30 days after the
date the sale is confirmed by paying the mortgagee the sale price plus all
additional costs and expenses incurred by the mortgagee set forth in the report of
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sale and confirmed by this Court.
The redemption period shall end at the later of the expiration of any
reinstatement period provided for in 735 ILCS § 5/15-1602 or the date 60 days
after the date the judgment of foreclosure is entered since the value of the
mortgaged real estate as of the date of the judgment is less than 90% of the
amount due, and the mortgagee waives any and all rights to a personal deficiency
judgment against the mortgagor and against all other persons liable for the
indebtedness or other obligations secured by the mortgage.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that out of the
proceeds of such sale the United States Marshal shall retain his disbursements
and fees, and out of the remainder of said proceeds he shall pay to the plaintiff
$117,217.61, together with lawful interest to be computed thereon to the date of
this decree and any court costs of this action in its behalf. Said United States
Marshal shall take receipts from the respective parties from whom he may make
payments aforesaid and file the same together with his report of sale to this Court,
and in case said property shall sell for a sum more than sufficient to make the
aforesaid payments, then after making said payments he shall bring such surplus
monies into Court without delay for further distribution by order of this Court.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED from the date of
entry of this judgment of foreclosure through the 30th day after a foreclosure sale
conducted pursuant to this judgment is confirmed by this Court, the mortgagors
shall be entitled to retain possession of the above-described real estate. After the
30th day said foreclosure sale is confirmed, the holder of the certificate of sale
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shall be entitled to immediate possession of the real estate upon payment of the
sale purchase price, without notice to any party or further order of the Court.
The mortgagors shall peaceably surrender possession of said property to said
certificate holder immediately upon expiration of the said 30-day time period. In
default of mortgagors so doing, an order of ejectment shall issue.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED upon or after
confirmation of sale, the person who conducted the sale or the Court shall execute
a deed to the holder of the certificate of sale sufficient to convey title, which deed
shall identify the Court and the caption of the case in which judgment was entered
authorizing issuance of the deed. Signature and the recital in the deed of the title
or authority of the person signing the deed as grantor, of authority pursuant to
this judgment, and of the giving of the notices required by statute shall be
sufficient proof of the facts recited and of such authority to execute the deed, but
such deed shall not be construed to contain any covenant on the part of the
person executing it.
Delivery of the deed executed on the sale of the real estate, even if the
purchaser or holder of the certificate of sale is a party to the foreclosure, shall be
sufficient to pass the title thereto. Such conveyance shall be an entire bar of (i) all
claims of parties to the foreclosure and (ii) all claims of any non-record claimant
who is given notice of the foreclosure as provided by statute.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that if the
monies arising from said sale shall be insufficient to pay sums due to plaintiff
with interest as aforesaid after deducting the costs as aforesaid, said United
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States Marshal shall specify the amount of said deficiency in his report.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court
hereby retains jurisdiction of the subject matter of this cause and the parties
thereto for the purpose of enforcing this decree and that said United States
Marshal shall report his actions and doings in the premises in this Court at the
earliest possible time to which time this cause is hereby continued.
DATE: February 5, 2014
Digitally signed by
David R. Herndon
Date: 2014.02.05
17:20:03 -06'00'
Chief Judge
United States District Court
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