United States of America v. Berger et al
Filing
19
OPINION CONFIRMING SALE entered by Judge Sue E. Myerscough on 11/23/2011. SEE WRITTEN OPINION. (DM, ilcd)
E-FILED
Wednesday, 23 November, 2011 04:32:45 PM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
CAROL K. BERGER f/k/a CAROL
K. LANDERS AND CITY OF
LINCOLN,
Defendants.
)
)
)
)
) No. 11-3064
)
)
)
)
)
)
OPINION CONFIRMING SALE
The U.S. Marshal has been appointed by the 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 the Court. The
Court, having reviewed the relevant materials, finds as follows:
1.
The common address and legal description of the real estate
at issue:
603 Palmer Avenue f/k/a 601 Palmer
Avenue, Lincoln, Illinois 62656
Lot 2 in Block 21 in Woodlawn, an Addition
to the City of Lincoln, Logan County,
Illinois
PIN No. 54-12-601-002-00
2.
A notice required in accordance with 735 ILCS 5/151507(c)(2)(B) and 28 U.S.C. § 2002 was given;
3.
The terms of sale were fair and not unconscionable;
4.
The sale was conducted fairly and without fraud;
5.
Justice was done by the sale;
6.
All redemption and reinstatement periods have expired
without redemption or reinstatement having been made; and
7.
This Court obtained personal jurisdiction over the defendants.
IT IS THEREFORE ORDERED:
A.
The U.S. Marshal's report of the sale is approved and the sale
is confirmed;
B.
The United States has not waived its right to subsequently
administratively collect or reduce to judgment in a separate
cause of action against the defendant(s) 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.
C.
The U.S. Marshal is directed to issue a deed to the holder of
the certificate of purchase, sufficient to convey title pursuant
to 735 ILCS 5/l5-l509(a).
D.
The holder of the certificate of purchase or deed issued
Page 2 of 4
pursuant to the Certificate of purchase shall be entitled to
possession of the real estate at issue on the 31st day after
entry of this Opinion.
E.
The Mortgagor (Homeowner) has the right to possess the
foreclosed premises for 30 days after entry of an Order of
Possession in accordance with Section 15-1701(c) of the
Illinois Mortgage Foreclosure Law.
(1)
In the event possession is withheld on the 31st day after
entry of this Opinion, the defendant mortgagor and all
persons claiming through the defendant mortgagor shall
have removed themselves and their belongings and
property from this real estate and shall peaceably
surrender possession of said property to the purchaser of
this property or the assignee of said purchaser.
(2)
If any persons referenced in the above subparagraph
remain on said premises on or after the 31st day
following the approval of the judicial sale of this
mortgaged real estate, the United States Marshal,
without further court order, is directed and ordered as
soon as practicable thereafter to use any and all
necessary reasonable force to enter the above described
mortgaged premises, including any outbuildings and
vehicles on the property, and to remove all occupants
who are present on the premises and who refuse to
vacate immediately and voluntarily at the United States
Marshal’s direction; in addition any and all personal
property left on the mortgaged premises by the
defendant mortgagor and/or any and all other persons
having left said property, is hereby declared forfeited to
the United States. If the United States Marshal
determines the above-described personal property to be
Page 3 of 4
without value or of di minimus value that would neither
exceed nor equal the costs of notice, storage and sale,
the United States Marshal may leave the personal
property, at his discretion, on the premises for the
purchaser of this real estate to claim, or dispose of, at
will.
Upon taking possession and custody of the
premises, and removing all occupants who are
unauthorized to remain on the premise, the United
States Marshal is then directed to remit possession and
custody of the premises to the purchaser of said
property at the sale judicially approved by this Court.
F.
There is no just reason to delay enforcement of or appeal from
this final order.
ENTER: November 23, 2011.
s/ Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
Page 4 of 4
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?