United States of America v. Perez et al
Filing
57
ORDER GRANTING PLAINTIFF UNITED STATES OF AMERICA'S MOTION TO APPROVE COMMISSIONER'S REPORT FILED OCTOBER 21, 2011, AND FOR CONFIRMATION OF FORECLOSURE SALE 51 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 2/15/12. (emt, ) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
FLORENCE T. NAKAKUNI (2286)
United States Attorney
District of Hawaii
EDRIC M. CHING (6697)
Assistant U.S. Attorney
Room 6-100, PJKK Federal Bldg.
300 Ala Moana Boulevard
Honolulu, Hawaii 96850-6100
Telephone: (808) 541-2850
Facsimile: (808) 541-3752
E-mail: edric.ching@usdoj.gov
Attorneys for Plaintiff
UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
)
)
)
Plaintiff,
)
)
vs.
)
)
ALFRED R. PEREZ, ISLAND
COMMUNITY LENDING CORPORATION, )
)
HAWAII FIRST FEDERAL CREDIT
)
UNION, HICKAM FEDERAL CREDIT
)
UNION, COUNTRYWIDE HOMELOANS
)
INC.,
)
)
Defendants.
_______________________________)
UNITED STATES OF AMERICA,
CIVIL NO. 10-00535 SOM RLP
ORDER GRANTING PLAINTIFF
UNITED STATES OF AMERICA’S
MOTION TO APPROVE
COMMISSIONER’S REPORT FILED
OCTOBER 21, 2011, AND FOR
CONFIRMATION OF FORECLOSURE
SALE
ORDER GRANTING PLAINTIFF UNITED STATES OF AMERICA’S
MOTION TO APPROVE COMMISSIONER’S REPORT FILED
OCTOBER 21, 2011, AND FOR CONFIRMATION OF FORECLOSURE SALE
On November 4, 2011, Plaintiff UNITED STATES OF AMERICA
("United States") filed its Motion To Approve Commissioner's
Report Filed October 21, 2011 and for Confirmation of Foreclosure
Sale ("Motion To Confirm").
No opposition to the Motion To
Confirm was filed.
The Court exercised its discretion not to
hold a hearing on the Motion to Confirm pursuant to Local Rule
7.2(d).
Having considered the record and arguments by counsel,
the Court hereby grants the Motion To Confirm based on the
following:
I.
FINDINGS OF FACT
1.
This is a civil action brought by the United States, on
behalf of note holder and assignee Department of Veterans
Affairs, seeking monetary judgment against Defendant ALFRED R.
PEREZ on a Mortgage, Note and Mortgage Modification Agreement
encumbering the property located at 5246 Kalae Place, in the
County of Hawaii, State of Hawaii, and designated as Tax Map Key
No. (3) 6-4-025-030 (CPR 002)(the “Mortgaged Property”).
2.
Jurisdiction over this action is based on 28 U.S.C.
§ 1345.
3.
On July 9, 2011, the Court issued its Findings of Fact
and Conclusions of Law and Order Granting Interlocutory Decree of
Foreclosure and Deficiency Judgment and appointed Daniel S.
Peters, Esq., to serve as the Commissioner to sell the Mortgaged
Property.
4.
On October 21, 2011, the Commissioner filed his report
detailing the foreclosure of the Mortgaged Property and the
2
winning bid of the United States of $229,138.00 at the auction on
October 17, 2011.
5.
Based upon the Commissioner's report, the Court finds
that the winning bid of $229,138.00 by the United States is a
fair and reasonable bid for the Mortgaged Property and confirms
the sale.
6.
The Commissioner incurred $2,095.83 in expenses and
$4,000.00 in fees.
7.
These fees and costs are fair and reasonable.
The amount due and owing by Defendant ALFRED R. PEREZ
to the United States, calculated to November 15, 2011, is as
follows:
Principal Balance
Interest
Late Charges
Escrow Advances Due
$190,961.12
19,357.70
1,319.21
18,922.03
TOTAL
$230,560.06
The daily per diem rate is $20.9272.
II.
CONCLUSIONS OF LAW
Based on the foregoing findings of fact, the Court concludes
as follows:
1.
The Commissioner's Report filed on October 17, 2001, is
ratified, approved, and confirmed.
2.
In accordance with the Findings of Fact and Conclusions
of Law and Order Granting Interlocutory Decree of Foreclosure and
3
Deficiency Judgment, the sale of the Mortgaged Property to the
United States for $229,138.00 is ratified, approved, and
confirmed.
3.
The amount of Defendant ALFRED R. PEREZ’s indebtedness
to the United States is to be applied to the amount of the sales
price, as noted above.
4.
The United States shall be responsible for the
Commissioner's fees and costs, unpaid property taxes, and other
closing costs.
5.
Once the required funds have been deposited by the
United States into escrow, the Commissioner shall take the
necessary steps to convey the Mortgaged Property to the United
States.
6.
The Commissioner is allowed $2,095.83 in expenses and
$4,000.00 in fees.
7.
Upon making the conveyance of the Mortgaged Property to
the United States and filing the distribution statement and
accounting, the Commissioner shall be discharged from further
duties and responsibilities as Commissioner.
8.
Defendants and all parties and persons claiming by,
through or under the Defendants shall be forever barred from any
and all right, title, interest, and claims at law or in equity to
the Mortgaged Property, except for liens for real property taxes
4
and assessments lawfully imposed by governmental authorities
against the Mortgaged Property.
9.
Upon delivery of the conveyance to the United States,
the United States shall be entitled to immediate, exclusive
possession for the Mortgaged Property.
The Court reserves
jurisdiction to enter such orders as may be necessary or
appropriate to assist the United States to gain such possession.
10.
A judgment for possession and a writ of possession in
favor of the United States shall be issued, commanding the
sheriff or United States Marshals Service to remove from the
Mortgaged Property any tenants or occupants and any persons
holding by, through, or under any tenant or occupant.
11.
The Commissioner or the United States is authorized to
dispose of any personal property, if any, remaining on the
Mortgaged Property.
12.
Pursuant to sections 501-151 and 634-51, Hawaii Revised
Statutes, as amended, any and all other and further encumbrances
or purchase with respect to the mortgaged property, or any part,
whose interest arises on or after January 25, 2011, the date the
Notice of Lis Pendens was filed in the State of Hawaii Bureau of
Conveyances, are forever barred from any and all right, title,
and interest in and to the Mortgaged Property.
5
13.
This Order is entered as a final judgment pursuant to
Rule 54(b) of the Federal Rules of Civil Procedure, as there is
no just reason for delay.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, February 15, 2012.
/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge
USA v. Alfred R. Perez; Civil No. 10-00535 SOM RLP; ORDER
GRANTING PLAINTIFF UNITED STATES OF AMERICA’S MOTION TO APPROVE
COMMISSIONER’S REPORT FILED OCTOBER 21, 2011, AND FOR
CONFIRMATION OF FORECLOSURE SALE
6
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?