BENTON – The United States of America seeks foreclosure on a dairy farm over several mortgages that are allegedly in default.
The federal government, acting through the Farm Services Agency, U.S. Department of Agriculture, filed the suit March 3 in U.S. District Court for the Southern District of Illinois against Schwerdtfeger Dairy Farm, Howard M. Schwerdtfeger and Robert A. Schwerdtfeger.
The plaintiff is filing the complaint to foreclose the mortgages and security agreements held by the defendants. The farm is located in Altamont, Effingham County.
According to the complaint, the plaintiff holds eight mortgages and a security agreement on the defendants' farm. The defendants have not paid the monthly installments since the account was accelerated on Aug. 26, 1994, the suit says. The note is in default. The plaintiff claims arrears for principal and interest total more than $1 million, the suit alleges.
The plaintiff requests that it be placed in possession of the portion of the mortgaged property that is not residential and the rights of the defendants to hold the property be terminated after a foreclosure sale.
The plaintiff further seeks a judgment for foreclosure, an order granting a shortened redemption period, an order granting possession of the property and an order placing the mortgage in possession of a receiver.
The plaintiff also seeks damages for the detention of the property, attorney fees and court costs, and other relief. In addition, the plaintiff seeks a sale of the property by public auction, a sale by open bid, a judicial sale conducted by a U.S. marshal at which the plaintiff is entitled to bid, the real estate title, and, in the event a defendant is the successful bidder, they would be allowed to offset against the purchase price the amounts due under the foreclosure.
The plaintiff is represented by James L. Porter, acting United States attorney, and Gerald M. Burke, assistant U.S. Attorney in Fairview Heights.
U.S. District Court for the Southern District of Illinois case number 16-cv-00230