Mendoza v. Cisneros et al
Filing
91
Amended ORDER re: 89 Order Confirming Sale and Disbursing Proceeds, by Judge William J. Martinez on 03/31/2016. (cthom, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 14-cv-3324-WJM-KMT
ISMAEL MENDOZA,
Plaintiff,
v.
ANDREW L. CISNEROS,
AM BUILDERS & CONTRACTORS SUPPLY CO INC.,
FOWLER & PETH INC.,
CITY OF GREELEY,
STATE OF COLORADO, and
UNITED STATES OF AMERICA,
Defendants.
AMENDED ORDER CONFIRMING SALE AND DISBURSING PROCEEDS
This matter is before the Court on the United States’ Unopposed Motion to
Confirm Sale and Disburse Proceeds. For the reasons stated in the United States’
Motion, and in the accompanying Declarations of Mary Smith and Jennifer Y. Golden,
the Court finds that the Internal Revenue Service properly conducted the sale of the
real property located at 1524 Third Avenue, Greeley, Colorado 80631 (the “Subject
Property”) pursuant to the Court’s Amended Order of Foreclosure and Decree of Sale
entered on October 22, 2015 (Dkt. #82), and that the f ull purchase price of $65,000 has
been deposited into the Court’s registry. The Court also finds that the amounts owed to
the parties and/or individuals with claims against the Subject Property are as stated in
the United States’ Motion.
Accordingly, the United States’ Motion is GRANTED. The Court hereby
ORDERS as follows:
A.
The sale of the Subject Property is confirmed.
B.
The Internal Revenue Service shall execute and deliver to the purchaser,
Eduardo Madera Escobedo, a Deed of Judicial Sale conveying the Subject Property to
the purchaser.
C.
On delivery of the Deed of Judicial Sale, all interests in, liens against, or
claims to the Subject Property that are held or asserted in this action by all parties
(including successors in interest and transferees) are discharged.
D.
The Clerk of the Court shall disburse, by check, the proceeds of the sale,
$65,000, from the Court’s registry as follows:
First, for costs of sale, a check for $959.80 made payable to “Internal
Revenue Service” and sent to the following address:
Internal Revenue Service
Attn: Mary Smith, PALS
500 W. 12th St., Room 110
Vancouver, WA 98660
Second, a check for $6,500.00 made payable to “Ismael Mendoza” and
sent to the following address:
Ismael Mendoza
c/o John J. Barry
Witwer, Oldenburg, Barry & Groom LLP
822 7th Street, Suite 760
Greeley, CO 80631
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Third, for outstanding real property taxes due to Weld County, Colorado, a
check for $936.21 (or $944.66 if paid after April 29, 2016) made payable to
“Weld County Treasurer”, referencing the Subject Property’s address, and sent
to the following address:
(For U.S. Mail)
Weld County Treasurer
P.O. Box 458
Greeley, CO 80632
(For UPS or FedEx)
Weld County Treasurer
1400 North 17th Avenue
Greeley, CO 80631
Fourth, for application toward the outstanding federal tax liabilities of
Andrew L. Cisneros for the years 2000, 2003, and 2005-2008, a check in the
amount of all remaining deposited funds, to include principal plus interest,
(approximately $56,603.99) made payable to “United States Department of
Justice”; referencing Mendoza v. Cisneros, Case No. 1:14-cv-03324 (D. Colo.);
and sent to the following address:
U.S. Department of Justice
Attn: Tax FLU
P.O. Box 310
Ben Franklin Station
Washington, DC 20044
Dated this 31st day of March, 2016.
BY THE COURT:
William J. Martínez
United States District Judge
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