United States of America v. Overby et al

Filing 22

OPINION CONFIRMING SALE entered by Judge Sue E. Myerscough on 1/3/2013. (MAS, ilcd)

E-FILED

Friday, 04 January, 2013 04:24:21 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS

UNITED STATES OF AMERICA,
Plaintiff,
v.
PEARL M. OVERBY, A DISABLED
ADULT, LISA STULLER AND
STATE OF ILLINOIS IN BEHALF
OF ILLINOIS DEPARTMENT OF
HEALTHCARE AND FAMILY
SERVICES,
Defendants.

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) CIVIL NO. 12-3013
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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:
339 Washington Street, Roodhouse, IL 62082
Commencing at the Southeast corner of block "E" in

Roodhouse's Continuation of his Seventh Addition to the
City of Roodhouse, according to the recorded plat of said
addition, thence North One Hundred (100) feet, thence West
Eighty (80) feet, thence South One Hundred (100) feet to the
south line of said Block "E", thence East along the south line
of said Block "E" Eighty (80) feet to the point of beginning, all
situated in block "E" in Roodhouse's Continuation of the
Seventh Addition to the City of Roodhouse, situated in the
City of Roodhouse, County of Greene and State of Illinois.
PIN No. 08-22-24-203-004
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 defendants signing the promissory
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note secured by the mortgage foreclosed herein the deficiency
set forth in the Report of Sale, 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 l5-l509(a).

D.

The purchaser of the foreclosed property is hereby given
possession effective immediately upon entry of this Order in
compliance with 735 ILCS 5/15-1701(c)(1).

E.

There is no just reason to delay enforcement of or appeal from
this final order.

ENTER: January 3, 2013
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
U.S. DISTRICT JUDGE

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