Deutsche Bank Trust Company Americas v. Boliard et al

Filing 23

OPINION CONFIRMING SALE: Plaintiff's Motion is GRANTED. The U.S. Marshal's report of the sale is approved and the sale is confirmed. (SEE WRITTEN OPINION) Entered by Judge Sue E. Myerscough on 10/28/2016. (GL, ilcd)

E-FILED

Tuesday, 01 November, 2016 11:33:46 AM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
DEUTSCHE BANK TRUST
)
COMPANY AMERICAS AS
)
INDENTURE TRUSTEE FOR )
THE REGISTERED HOLDERS )
OF SAXON ASSET
)
SECURITIES TRUST 2005-3 )
MORTGAGE LOAN ASSET
)
BACKED NOTES, SERIES
)
2005-3,
)
)
Plaintiff,
)
)
v.
)
)
TERRY L. BOLIARD,
)
UNITED STATES INTERNAL )
REVENUE SERVICE, and
)
VICKIE M. BOLIARD,
)
)
Defendants.
)

No. 12-CV-3298

OPINION CONFIRMING SALE
SUE E. MYERSCOUGH, U.S. District Judge.
Before the Court is Plaintiff’s Motion for Order Approving the
Report of Sale and Distribution and Granting Possession and for a
Personal Deficiency Judgment (d/e 22). This Court entered a
Judgment of Foreclosure for the property 882 North 1700 East
Road, Owaneco, Illinois 62555 on April 2, 2013 (d/e 13). The Court
Page 1 of 5

appointed the U.S. Marshal to sell the property. 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:
882 North 1700 East Road, Owaneco, Illinois 62555
THE SOUTHWEST QUARTER (SW ¼) OF THE NORTHWEST
QUARTER (NW ¼) OF THE NORTHWEST QUARTER (NW ¼),
EXCEPT THE SOUTH 250 FEET OF THE WEST 261.36 FEET
THEREOF, IN SECTION 21, TOWNSHIP 12 NORTH, RANGE 1
WEST OF THIRD PRINCIPAL MERIDIAN, CHRISTIAN COUNTY,
ILLINOIS
Document No. 2005R03768
2.

A notice required in accordance with 735 ILCS 5/151507(c) 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 Terry L.
Page 2 of 5

Boliard, who is personally liable to Plaintiff for the
deficiency from the sale.
8.

The total amount due by Defendants under judgment is
$111,055.42.

9.

Defendants additionally owe $26,264.68 in interest from
date of judgment, $1550.00 in attorney’s fees, $731.00 in
foreclosure expenses, $733.00 in publication costs,
$1,763.35 in sale commission, and $130.00 in sale costs.

10.

The total proceeds of the sale were $101,000.

11.

The sale has resulted in a deficiency of $41,227.45.

IT IS THEREFORE ORDERED:
A.

Plaintiff’s Motion is GRANTED.

B.

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

C.

A deficiency judgment be and the same is hereby entered
in favor of Plaintiff, Deutsche Bank Trust Company
Americas as Indenture Trustee for the Registered Holders
of Saxon Asset Securities Trust 2005-3 Mortgage Loan
Asset Backed Notes, Series 2005-3, and against
Defendant, Terry L. Boliard, in personam, in the amount
of $41,227.45, and that execution may issue in
accordance with the law.

E.

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).

F.

The holder of the certificate of sale or deed issued
pursuant to the Certificate shall be entitled to possession
Page 3 of 5

of the above-described real estate on the 31st day after
entry of this order.
G.

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 U.S. 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
above-described 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 U.S. 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 U.S. Marshal determines that
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
Page 4 of 5

sale, the U.S. 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 U.S.
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.
H.

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

ENTER: October 28, 2016
s/ Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

Page 5 of 5