Bain v. United States Department of the Treasury, Internal Revenue Service

Filing 61

Decree Quieting Title. Plaintiff's Unopposed Motion For Entry of Quiet Title Decree [# 60 ] is GRANTED. By Judge Robert E. Blackburn on 7/15/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Case No. 1:12-cv-02111-REB-KLM
MARGUERITE E. BAIN,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF THE
TREASURY – INTERAL REVENUE SERVICE;
and ALL UNKNOWN PERSONS WHO CLAIM
ANY INTEREST IN THE SUBJECT MATTER
OF THIS ACTION,
Defendants.

DECREE QUIETING TITLE

Blackburn, J.
The matter is before me on Plaintiff’s Unopposed Motion For Entry of Quiet
Title Decree [#60]1 filed July 12, 2013. Having reviewed the matter, this Court FINDS:
THAT service under Rule 4 of the Federal Rules of Civil Procedure and Colorado
Rules of Civil Procedure is proper on all of the Defendants in this action;
THAT MARGUERITE E. BAIN is the record owner in possession of the property
described below (the “Property”);
Lot 16, Block 271, Loomis Addition, City of Fort Collins,
County of Larimer, State of Colorado,
also known as 121 North Whitcomb Street, Fort Collins,
Colorado 80521;
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“[#60]” is an example of the convention I use to identify the docket number assigned to a specific
paper by the court’s electronic case filing and management system (CM/ECF). I use this convention
throughout this order.

THAT all Defendants have either disclaimed any interest in the Property or have
failed to respond to Plaintiff’s Complaint or enter an appearance and, thus, are in
default;
THAT this is an action in rem affecting specific real property;
THAT the Court has jurisdiction over all parties to and the subject matter of this
action; and
THAT no Defendant has any right, title, or interest in or to the Property or any
part thereof.
THEREFORE IT IS ORDERED, ADJUDGED, AND DECREED as follows:
1. That Plaintiff’s Unopposed Motion For Entry of Quiet Title Decree [#60]
filed July 12, 2013, is GRANTED;
2. That MARGUERITE E. BAIN, Plaintiff, at the time of the commencement of
this proceeding, was, and is now, the owner in fee simple absolute, with right to
possession of the real property described as:
Lot 16, Block 271, Loomis Addition, City of Fort Collins, County of Larimer,
State of Colorado, also known as 121 North Whitcomb Street, Fort Collins,
Colorado 80521 (Property);
3. That fee simple title in and to the Property be and the same is quieted in the
Plaintiff, and that each of the Defendants has no right, title, or interest in or to the
Property or any part thereof, and that each of the Defendants is forever enjoined from
asserting any claim, right, title, or interest in or to the Property or any part thereof;
4. That the certain Lis Pendens recorded with the Clerk and Recorder for
Larimer County, Colorado, on June 29, 2012, at Reception Number 20120042943 is
hereby discharged and is of no further effect; and
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5. That there being no other claims or disputes at issue in this action, this Order
shall be deemed to fully and finally resolve this action.
Dated July 15, 2013, at Denver, Colorado.
BY THE COURT:

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