SE Property Holdings, LLC v. White City Partners, LLC et al
Order GRANTING 4 Motion for Issuance of Writ of Execution as set out. Clerk shall issue the Writ of Execution to the USM for the SDAL, who is directed to forward the writ, notice of right to claim an exemption & notice of sale to the USM for the NDAL, as set out. Signed by Senior Judge Callie V. S. Granade on 4/6/2016. (tot)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SE PROPERTY HOLDINGS, LLC,
WHITE CITY PARTNERS, LLC, et
MISC. NO. 16-0002-CG-M
This matter having come before the Court on the Application for Issuance of
Writ of Execution by SE Property Holdings, LLC (Doc. 4), and the Court having
reviewed the Motion, and having determined that it is due to be granted, it is
hereby ORDERED, ADJUDGED and DECREED as follows:
1. The Motion for Issuance of Writ of Execution, pursuant to F.R.C.P. 69(a) is
2. These proceedings are governed by F.R.C.P. 69(a)(1), which incorporates
state law, embodied in Rule 69 of the Alabama Rules of Civil Procedure, and Ala.
Code 1975 §6-9-1, et seq.
3. Pursuant to these procedures, the Clerk shall issue the Writ of Execution
to the U.S. Marshal for the Southern District of Alabama, who is directed to forward
the writ of execution, notice of right to claim an exemption, and notice of sale to the
United States Marshal’s Office for the Northern District of Alabama, which Writ
shall be in the form of the proposed Writ attached to the Motion.
4. The U.S. Marshal for the Northern District of Alabama shall serve notice
of the sale pursuant to the Writ of Execution by sending said notice, in the form of
proposed notice attached to the Motion, and a copy of the Notice of Right to Claim
Exemption from Execution, by personal service to the last known address of Michael
L. Hammond, pursuant to A.R.C.P. 69(c), or posting said notice at his residence.
The last known address for Michael L. Hammond is Post Office Box 1286, Port St.
Joe, Florida 32457.
5. The Writ of Execution shall include the real property described in the
6. The U.S. Marshal for the Northern District of Alabama shall deduct its
commission and fees as set forth in Title 28, U.S.C. § 1921 from the proceeds of the
sale if advance deposit, to be provided by the Plaintiff, does not cover same.
7. The U.S. Marshal shall schedule the sale under the Writ of Execution on
any Monday, at the Courthouse of Cleburne County, Alabama, in Heflin, Alabama,
pursuant to Ala. Code 1975 §6-9-86, during the legal hours of sale.
8. The U.S. Marshal for the Northern District of Alabama shall publish
notice of the sale pursuant to the Writ of Execution in a newspaper, once a week for
three (3) successive weeks, pursuant to Ala. Code 1975 §6-9-87. Pursuant to Ala.
Code 1975 §6-9-82, the U.S. Marshal shall also post written notice of the sale
pursuant to the Writ of Execution at the Courthouse door of Cleburne County,
Alabama at least thirty (30) days prior to the sale.
9. The U.S. Marshal for the Northern District of Alabama shall conduct the
sale upon the designated date, and upon compliance by the purchaser with the
terms of the sale, and payment of the fees, costs and expense of the sale, shall
execute a deed for the real estate sold and deliver the same to the purchaser within
five (5) days of the date of the sale.
10. SE Property Holdings, LLC shall be entitled to a credit bid at any sale up
to the amount of its judgment, together with all interest, costs, fees, and expenses of
11. In the event that the successful bidder at the sale of the property fails to
deliver payment in accordance with the terms of this order, the property shall be
offered for sale in the same manner as provided for in this initial sale.
12. The U.S. Marshal for the Northern District of Alabama shall execute the
Writ of Execution with diligence, and shall perform the mandate herein and make
return of his acts to the Clerk as soon as practicable, and not later than ninety (90)
days from the date of execution.
13. The Writ of Execution, attached hereto, shall be issued by the Clerk of
the United States District Court for the Southern District of Alabama.
DONE and ORDERED this 6th day of April, 2016.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE
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