USA v. Cichoracki et al

Filing 27

ORDER granting 26 Motion for confirmation of sale; granting 26 Motion for disbursement of funds. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Sheri Polster Chappell on 7/7/2011. (LMH)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
CHARLES V. CICHORACKI, BRENDA L.
CICHORACKI, and LEE COUNTY
TAX COLLECTOR,
Defendants.

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ORDER CONFIRMING SALE AND
DIRECTING DISTRIBUTION OF PROCEEDS OF SALE
This matter came before the Court on Plaintiff United States’ Motion for
Confirmation of Sale and for Distribution of Proceeds of Sale (Doc. #26), to confirm the sale
of the parcel of real property here in issue, located at 2425 York Road, St. James City,
Florida 33956, and described as:
Lot 44, TRAILERHAVEN, a subdivision as per the map or plat thereof on
file and recorded in the Office of the Clerk of the Circuit Court of Lee
County, Florida in Plat Book 12, Page 35, Public Records of Lee County,
Florida.
Parcel no. 02-46-22-10-00000.0440.
The Property was sold on March 31, 2011, by the Internal Revenue Service Property
Appraisal and Liquidation Specialist (PALS) pursuant to the Order of Foreclosure and Sale
(Doc. # 23) entered on July 7, 2010 in this action.

The Court, having reviewed the record, including the United States’ Motion for
Confirmation of Sale and for Distribution of Proceeds of Sale, finds that the sale was in all
respects legally and properly conducted.
Accordingly, it is hereby
(1)

ORDERED that Plaintiff United States’ Motion for Confirmation of Sale and

for Distribution of Proceeds of Sale (Doc. #26) is GRANTED. The sale of the Property on
March 31, 2011, be, and the same hereby is, CONFIRMED. It is further
(2)

ORDERED that the IRS convey by Deed the property at issue to the

purchaser, Marilyn Kay Haering. It is further
(3)

ORDERED that the Clerk of this Court distribute the funds deposited into

its registry in this action as follows:
a.

To the United States, in care of its counsel, as reimbursement for expenses
incurred in selling the Property: $2,398.49.

b.

To the Lee County Tax Collector, for unpaid property taxes: $8,382.87.

c.

To the United States, in care of its counsel, the net sales proceeds, for
application against the outstanding federal income tax liabilities of Charles
and Brenda Cichoracki: $99,218.64, plus any interest that has accrued on the
sales proceeds deposited with the Court.

Done and Ordered in Fort Myers, Florida, this _6th___ day of July 2011.

Copies furnished to: Counsel of Record
Unrepresented Parties
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