United States of America v. Swearingen et al

Filing 29

OPINION CONFIRMING SALE entered by Judge Sue E. Myerscough on 7/10/2013. (MJ, ilcd)

E-FILED

Wednesday, 10 July, 2013 03:21:59 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
) CIVIL NO. 12-3177
)
ROBERT E. SWEARINGEN, JR., SUSAN M.)
SWEARINGEN, STATE BANK OF
)
LINCOLN F/K/A THE JOHN WARNER
)
BANK AND CITY OF CLINTON,
)
)
Defendants.
)
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:
8872 Sunset Rd, Clinton, IL 61727 a/k/a 1202 West Webster,
Clinton, IL 61727
Lot 10 in Evans and Scogin West Lawn Subdivision as
shown by Plat recorded August 5, 1969, in Plat Book “F”,
page 43 in the Recorder’s Office of DeWitt County,
Illinois, situated in the County of DeWitt, in the State of
Illinois
PIN No. 07-28-428-011

2.

A notice required in accordance with 735 ILCS 5/15-1507(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 Robert E.
Swearingen, Jr. and Susan M. Swearingen.

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 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: July 10, 2013.

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