Vision Bank v. Swindall

Filing 121

ORDER, 117 Order & 118 Writ of Execution are VACATED as set out, & the USM for the NDAL is ORDERED to CANCEL the sale of said real property. Plf is to immediately pay the fee of $540.57 to the USMS for the NDAL as set out. Signed by Judge Callie V. S. Granade on 4/1/2013. (cert. copy hand-delivered to USM on 4/1/13) (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SE PROPERTY HOLDINGS, LLC, Plaintiff, vs. ALAN J. SWINDALL, Defendant. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 09-0442-CG-M ORDER This matter is before the court on the return of service of the writ of execution filed by the United States Marshal’s Service (Doc. 120), to which is attached a letter to the court from the Northern District of Alabama’s Marshal and a copy of a Warranty Deed and Abstract search showing that the real property in Clay County, Alabama, sought by the plaintiff to be seized and sold for payment of the judgment rendered in this action, was deeded to Parnell & Crum, PA on April 24, 2012. The court notes the representations of the Marshal that the fees of Marshal’s Service were not paid by an advanced deposit, and that said fees total $540.57. In light of the foregoing, the amended order issued on March 1, 2013 (Doc. 117) and the writ of execution issued on March 4, 2013 (Doc. 118) are hereby VACATED, and the United States Marshals Service for the Northern District of Alabama is ORDERED to CANCEL the sale of said real property. It is further ORDERED that plaintiff immediately pay the fee of $540.57 to the United States Marshal’s Service in the Northern District of Alabama. DONE and ORDERED this 1st day of April, 2013. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE 2

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