United States of America v. Renfrow et al

Filing 21

OPINION CONFIRMING SALE of property re 20 Report of Sale. Entered by Judge Sue E. Myerscough on 1/10/2013. (CT, ilcd)

E-FILED

Friday, 11 January, 2013 10:12:17 AM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
v.
BETTY J. RENFROW f/k/a
BETTY J. MILLER and
CITIFINANCIAL MORTGAGE
COMPANY, INC. formerly known
as ASSOCIATES HOME EQUITY
SERVICES, INC.
Defendants.

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No. 12-3071

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.
at issue:

The common address and legal description of the real estate

203 W. Adams, Atlanta, Illinois 61723
Lot 6 in Young and Ford’s Subdivision to the City of Atlanta,
Logan County, Illinois
PIN No. 54 05 660 006 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 defendant
Betty J. Renfrow f/k/a Betty J. Miller who is personally liable
to Plaintiff for the deficiency from the sale.

IT IS THEREFORE ORDERED:
A.

The U.S. Marshal's report of the sale is approved and the sale
is confirmed;

B.

A deficiency judgment be and the same is hereby entered in
favor of plaintiff, UNITED STATES OF AMERICA,
ACTING THROUGH RURAL DEVELOPMENT, and
against defendant, Betty J. Renfrow f/k/a Betty J. Miller, in
personam, in the amount of $19,848.45, and that execution
may issue in accordance with the law.
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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 sale or deed issued pursuant to
the Certificate shall be entitled to possession of the abovedescribed real estate 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)

On the 31st day after entry of this order, the defendant
mortgagor and all persons claiming through the
defendant mortgagor shall have removed themselves and
their belongings and property from this mortgaged 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 hereby directed and
ordered as soon as practicable thereafter to use any and
all necessary reasonable force to enter the abovedescribed mortgaged premises, including any
outbuildings and vehicles located thereon, and to
remove all occupants located thereon, who are present
on the premises and who refuse to vacate immediately
and voluntarily at the United States Marshal's direction;
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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 that the abovedescribed personal property to be without value or of de
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 premises, the United States Marshal is
then hereby 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: January 10, 2013
FOR THE COURT:

s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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