PrinsBank v. Powell, et al.

Filing 41

ORDER CONFIRMING FORECLOSURE DEEDS re 39 Motion for Confirmation of Foreclosure Deeds: it isORDERED, ADJUDGED, AND DECREED as follows: (1) The Motion and the relief requested in the Motion are granted; (2) The foreclosure procedures and foreclosure sales described in the Motion were performed in accordance with the terms of the Judgment, the Foreclosed Mortgages and applicable law, and the Foreclosure Deeds attached to the Motion as Exhibit A are hereby approved and confirmed; (3) Immediately upon entry of this order, Prinsbank shall be allowed to record the Foreclosure Deeds with the probate records of Covington County, Alabama, and the statutory right of redemption (for those parties entitled to exercise such right) shall expire one yea r therefrom; (4) Prinsbank shall apply the credit bids on account of the foreclosures of the mortgages identified in subparagraphs 9(c), 9(f), and 9(h) of the Judgment to the indebtedness owing on account of the April 27 Note (including but not limit ed to Prinsbank's foreclosure expenses), and Prinsbank shall apply the credit bid on account of the foreclosure of the mortgage identified in subparagraph 9(d) of the Judgment to the indebtedness owing on account of the October 10 Note (including but not limited to Prinsbank's foreclosure expenses). Signed by Honorable Judge Myron H. Thompson on 8/12/2016. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
PRINSBANK, a Minnesota
banking corporation,

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)
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)
)
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)
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Plaintiff,
v.
GLEN E. POWELL, an
individual; et al.,
Defendants.

CIVIL ACTION NO.
2:15cv64-MHT
(WO)

ORDER CONFIRMING FORECLOSURE DEEDS
This matter comes before the court on the Motion
for

Confirmation

of

Foreclosure

Deeds

(doc.

no.

39)

(the “Motion”) filed by Prinsbank, a Minnesota banking
corporation

(“Prinsbank”),

in

connection

with

Prinsbank’s foreclosure of certain mortgages pursuant
to

this

court’s

Judgment

and

Decree

of

Foreclosure

entered in the above-styled action on November 23, 2015
(Doc. No. 37) (the “Judgment”).
but

not

otherwise

defined

Capitalized terms used

herein

shall

meanings ascribed to them in the Motion.

have

the

Based upon

the grounds set forth in the Motion, due and proper

notice of the Motion having been given, and for other
good cause shown, the court determines that the Motion
is well taken and that the relief requested in the
Motion

is

due

to

be

granted.

Accordingly,

it

is

ORDERED, ADJUDGED, AND DECREED as follows:
(1) The

Motion

and

the

relief

requested

in

the

Motion are granted.
(2) The
sales

foreclosure

described

in

accordance

with

the

Foreclosed

Mortgages

the

procedures
Motion

terms
and

of

and

were
the

applicable

foreclosure
performed

in

Judgment,

the

law,

the

and

Foreclosure Deeds attached to the Motion as Exhibit A
are hereby approved and confirmed.
(3) Immediately upon entry of this order, Prinsbank
shall be allowed to record the Foreclosure Deeds with
the probate records of Covington County, Alabama, and
the statutory right of redemption (for those parties
entitled to exercise such right) shall expire one year
therefrom.
2

(4) Prinsbank

shall

apply

the

credit

bids

on

account of the foreclosures of the mortgages identified
in subparagraphs 9(c), 9(f), and 9(h) of the Judgment
to the indebtedness owing on account of the April 27
Note

(including

but

not

limited

to

Prinsbank’s

foreclosure expenses), and Prinsbank shall apply the
credit
mortgage

bid

on

account

identified

in

of

the

foreclosure

subparagraph

9(d)

of

the

of

the

Judgment to the indebtedness owing on account of the
October

10

Note

(including

but

not

limited

Prinsbank’s foreclosure expenses).
DONE, this the 12th day of August, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

to