United States of America v. Barker et al

Filing 103

ORDER signed by District Judge John A. Mendez on 6/5/2020 GRANTING 97 Motion for Disbursement of Funds; CONFIRMING the 2/13/2020 judicial auction sale of the real property located at 3357 Summit Ridge Terrace, Chico, CA 95928; and DIRECTING Gary Chapman or another authorized IRS officer to promptly deliver an appropriate deed of judicial sale for the subject property to the purchasers. (Coll, A)

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1 RICHARD E. ZUCKERMAN Principal Deputy Assistant Attorney General 2 3 4 5 6 7 CHRISTIAN MEJIA Trial Attorneys, Tax Division U.S. Department of Justice P.O. Box 683 Washington, D.C. 20044 202-305-7548 (v) 202-307-0054 (f) Christian.Mejia@usdoj.gov 8 McGREGOR W. SCOTT United States Attorney Eastern District of California 9 Attorneys for the United States of America 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 11 12 13 United States of America, Plaintiff, 14 No. 2:15-CV-00062-JAM-DB ORDER CONFIRMING JUDICIAL SALE v. 15 18 Randy Kent Barker; Carl Hans; Newport Capital Recovery Group II; Builders Supply; Canyon Oaks Property Owners Association, Inc.; and Butte County Treasurer; 19 ) 16 17 20 Defendants. 21 22 23 24 25 26 27 28 This matter comes before the Court on the United States’ Motion and Memorandum in Support of its Motion to Confirm Sale and Distribute Sale Proceeds. (A separate Order to Withdraw and Disburse Funds is being considered herewith.) For the reasons stated in the United States’ Motion and in the Declarations of Gary Chapman and Christian Mejia in support of the United States’ Motion, the Court finds and concludes that the sale of the Subject Property was duly conducted pursuant to the terms and conditions of the Order of Foreclosure and Judicial Sale, ECF No. 89. Accordingly, the motion is hereby GRANTED, and it is hereby ORDERED, [Proposed] Order Confirming Judicial Sale 1 1 that: 2 3 1. The February 13, 2020 judicial auction sale of the real property located at 3357 4 Summit Ridge Terrace, Chico, CA 95928, APN 018-590-026, in the County of Butte (“Subject 5 Property”), for $572,000 is hereby CONFIRMED. The Subject Property is more particularly 6 7 8 9 10 11 12 13 14 15 16 17 18 19 described as follows: 20 21 22 23 24 25 26 27 28 [Proposed] Order Confirming Judicial Sale 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Proposed] Order Confirming Judicial Sale 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Proposed] Order Confirming Judicial Sale 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Proposed] Order Confirming Judicial Sale 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Proposed] Order Confirming Judicial Sale 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Proposed] Order Confirming Judicial Sale 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Proposed] Order Confirming Judicial Sale 8 1 2 3 4 5 6 7 8 9 10 11 12 2. The Internal Revenue Service Property and Liquidation Specialist who conducted 13 the sale, Gary Chapman, or another authorized IRS officer shall promptly deliver an appropriate 14 deed of judicial sale for the subject property to the purchasers. 15 16 IT IS SO ORDERED. 17 DATED this 5th day of June, 2020 18 19 /s/ John A. Mendez________________________ UNITED STATES DISTRICT COURT JUDGE 20 21 22 23 24 25 26 27 28 [Proposed] Order Confirming Judicial Sale 9

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