United States of America v. Young et al
Filing
36
OPINION CONFIRMING SALE entered by Judge Sue E. Myerscough on 09/21/2011. SEE WRITTEN OPINION. (DM, ilcd)
E-FILED
Wednesday, 21 September, 2011 06:13:52 PM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
UNITED STATES OF AMERICA,
)
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Plaintiff,
)
)
v.
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JOHN E. YOUNG, SR., d/b/a SKD
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Construction, STACY Y. YOUNG,
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DEAN GREENWALT, HEATHER M. )
McLEMORE, CARL SPOOR and
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LUCILLE SPOOR,
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Defendants.
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10-3309
OPINION CONFIRMING SALE
The U.S. Marshal has been appointed by this Court to sell property
at issue in this case. The U.S. Marshal reports that the property has been
sold in accordance with terms previously set forth by this Court. This
Court, having reviewed the relevant materials, finds as follows:
1.
A notice required in accordance with 735 ILCS 151507(c)(2)(B) and 28 U.S.C. § 2002 was given;
2.
The terms of sale were fair and not unconscionable;
3.
The sale was conducted fairly and without fraud;
4.
Justice was done by the sale;
5.
All redemption and reinstatement periods have expired
without redemption or reinstatement having been made; and
6.
This Court obtained personal jurisdiction over Defendants.
IT IS THEREFORE ORDERED:
A.
The U.S. Marshal’s report of the sale is approved, and the sale
is confirmed;
B.
There is no deficiency judgment ordered in favor of Plaintiff;
C.
The United States has not waived its right to subsequently
administratively collect or reduce to judgment in a separate
cause of action against any Defendant signing the promissory
note secured by the mortgage foreclosed herein the resulting
deficiency set forth above, even though no such deficiency
judgment is sought in this foreclosure proceeding.
D.
The U.S. Marshal is directed to issue a deed to the
holder of the Certificate of Sale, sufficient to convey title
pursuant to 735 ILCS l5-l509(a);
E.
The holder of the Certificate of Sale or deed issued
pursuant to the Certificate of Sale shall be entitled to
possession of the real estate at issue on the 31st day after
entry of this Opinion;
F.
In the event possession is withheld on the 31st day after
entry of this Opinion, the purchaser of the property shall be
given possession effective immediately upon entry of this
Opinion in compliance with 735 ILCS 5/15-1701(c)(1).
G.
There is no just reason to delay enforcement of or appeal
from this final Opinion.
ENTER: September 21, 2011
FOR THE COURT:
s/ Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
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