United States of America v. Chaney et al
Filing
26
OPINION CONFIRMING SALE AND ASSIGNMENT OF MARSHAL'S CERTIFICATE OF PURCHASE (See Written Opinion). Entered by Judge Sue E. Myerscough on 02/13/2013. (VM, ilcd)
E-FILED
Wednesday, 13 February, 2013 09:13:53 AM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
TINA CHANEY AND
MICHAEL CHANEY,
Defendants.
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No. 12-3070
OPINION CONFIRMING SALE AND
ASSIGNMENT OF MARSHAL'S CERTIFICATE OF PURCHASE
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.
A notice required 735 ILCS 15-1507(c)(2)(B) and 28 U.S.C. ยง 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.
Steve J. Hankins was the successful bidder at the public judicial sale
of the property;
6.
This Court hereby approves the assignment from Steve J. Hankins to
Dale Milstead, Lincoln, Illinois, of all right, title and interest that
Steve J. Hankins obtained via the Certificate of Purchase. Dale
Milstead is thereby entitled to receive as grantee the judicial deed to
the property at issue in this foreclosure proceeding;
7.
All redemption and reinstatement periods have expired without
redemption or reinstatement having been made; and
8.
This Court obtained personal jurisdiction over the defendants.
IT IS THEREFORE ORDERED:
A.
The U.S. Marshal's report of sale is approved and the sale is
confirmed;
B.
The Assignment of Certificate of Purchase is approved;
C.
There is no deficiency judgment ordered in favor of the Plaintiff. The
United States has not waived its right to subsequently administratively
collect or reduce to judgment in a separate cause of action against
Defendants 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 Dale Milstead,
sufficient to convey title pursuant to 735 ILCS 15-1509(a);
E.
Dale Milstead, as the holder of the assigned certificate of purchase or
deed issued pursuant to the certificate of purchase shall be entitled to
possession of the real estate at issue 31 days after entry of this
Opinion;
F.
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
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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 said property, is hereby declared forfeited
to the United States. If the United States Marshal determines
the above-described personal property to be 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 holder of the
certificate of purchase or deed issued pursuant to certificate of
purchase;
G.
There is no just reason to delay enforcement of or appeal from this
final order.
IT IS SO ORDERED.
ENTER: February 12, 2013
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FOR THE COURT:
s/ Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
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