U.S. BANK NATIONAL ASSOCIATION v. GRANT et al

Filing 26

ORDER: Defendant Grant has not filed an Answer in this case, participated in any status conferences, or responded to either of Plaintiff's motions for default judgment 23 , 24 . The court previously took the additional, precautionary step of having Plaintiff serve Grant with a copy of its motions at an address found in the record but not listed on the docket sheet. Grant has still failed to respond, five months after Plaintiff complied with the Court's Order. Therefore, upon cons ideration of Plaintiff Nationstar Mortgage, LLC's consent motion for judgment on the pleadings 24 it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that foreclosure of Plaintiff Grant's lien shall be conducted on the terms and conditions set forth in the attached Order. See attached document for details. It is further ORDERED that, because Dkt. 24 appears to be an updated version of Dkt. 23, the motion for default judgment 23 is DENIED as moot. Signed by Judge Randolph D. Moss on 4/7/2016. (lcrdm3, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

NATIONSTAR MORTGAGE, LLC,
Plaintiff,
v.

Civil Action No. 14-467 (RDM)

ADOLPHUS M. GRANT, et al.,
Defendants.

CONSENT ORDER AND DECREE OF SALE
Upon consideration of Plaintiff Nationstar Mortgage, LLC’s motion for appointment of
substitute trustee, Dkt. 24, to which Defendant United States of America consents, it is hereby
ORDERED that judgment is granted in favor of Plaintiff.
It is further ORDERED that foreclosure of Plaintiff’s lien shall be conducted on the
following terms and conditions:
1. James E. Clarke and Renee Dyson, Substitute Trustee (“Trustee”), is granted the
authority and discretion to proceed to foreclose upon the property known as 1353
Ingraham Street, NW, Washington, DC 20011 by public auction.
2. The Trustee shall post a bond in the amount of $25,000.
3. The Trustee shall mail notice of the time, place, and terms of the auction to all junior
lienholders, owners of record, and occupants, by certified mail, return receipt
requested and by first class mail no more than 30 days and no less than 10 days
before the auction date.
4. The Trustee shall advertise the time, place and terms of the auction in a newspaper of
general circulation, once a week, for four consecutive weeks leading up to the
auction.
5. The Trustee may employ an auctioneer for the sale process and incur reasonable
associated costs.

6. The Trustee may require a purchaser to post a nonrefundable deposit of up to 10% of
the price bid in certified funds and may prohibit the right to bid to anyone who does
not have the deposit in hand at the auction.
7. The deposit required to bid at the auction is waived for the Noteholder and any of its
successors or assigns.
8. The Noteholder may bid up to the amount owed on the Note plus all costs and
expenses of sale on credit and may submit a written bid to the Trustee which shall be
announced at sale.
9. The Trustee shall hold any deposit in a non-interest bearing trust account.
10. The Trustee may establish additional terms of sale as may be appropriate in their
judgment to promote the best price at the auction so long as the same remain
consistent with, and do not alter, the specific terms and conditions of the Deed of
Trust and this Decree
11. The Trustee may enter into a contract of sale with the highest qualified bidder subject
to ratification by the Court, and any memorandum of sale must indicate that the sale
is subject to said ratification.
12. If a Third Party is successful at auction, the bond shall be increased to the full amount
of the purchase price, which shall be posted prior to ratification by this Court.
13. The Trustee shall file a Verified Report of Sale with the Court within 30 days of the
auction. The Verified Report of Sale will specify the time, place, terms of sale, the
Purchaser, the purchase amount, and deposit held along with an affidavit and
documentation indicating that the Trustees complied with notice and advertisement
requirements set forth above.
14. Unless otherwise ordered at the time of ratification, settlement shall occur by
payment of all sums due under the bid in certified funds to the trustees within 30 days
from the entry of an Order ratifying the Sale. If the purchaser fails or refuses to settle
within the allotted time frame, the deposit will be forfeited and the Trustees may
apply the deposit toward costs, fees or their compensation associated with the initial
auction and the resale process. Any remaining amount shall be credited to the
underlying debt.
15. After the purchaser’s funds submitted to the Trustees have cleared, the Trustees shall
execute and deliver a Trustee’s Deed transferring title to the purchaser. The costs of
recording the Deed aforesaid shall be upon the purchaser.
16. Within 60 days of settlement, the Trustees shall file evidence of the settlement
including a copy of the Trustee’s Deed, a proposed accounting and distribution of
funds, and a proposed order ratifying the distribution. A copy of this evidence shall
be sent to the borrower and all junior lien holders and must inform them that claims
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or disputes must be filed within 14 days or the distribution may be ratified without
further hearing.
17. Any unclaimed funds due to the junior lienholders, owners, or any other party may be
identified for payment into the Court registry, and upon payment, the Trustee may
request a determination that their duties have been discharged and the case be closed
with the bond released.
18. The Trustee shall be entitled to recover their costs incurred, including reasonable
attorney’s fees and commissions as authorized by the Deed of Trust for the execution
of its duties performed in accordance with the foreclosure and this Decree as part of
the settlement.

SO ORDERED.
/s/ Randolph D. Moss
RANDOLPH D. MOSS
United States District Judge

Date: April 7, 2016

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