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, )

Download PDF
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 2 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 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?