United States of America v. Hostetter et al

Filing 15

OPINION CONFIRMING SALE entered by Judge Sue E. Myerscough on 9/16/2014. (MAS, ilcd)

E-FILED

Tuesday, 16 September, 2014 05:30:32 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA,
Plaintiff,
v.
DEBORAH A. HOSTETTER and
CHARLES W. HOSTETTER,
Defendants.

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No. 13-3399

OPINION CONFIRMING SALE
SUE E. MYERSCOUGH, U.S. District Judge:
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:
234 North 4th Street, Cowden, Illinois 62422
Lot 10 in Block 1 in W.W. Nance’s Addition to the City of
Cowden, situated in the County of Shelby and State of Illinois
PIN No. 0524-03-13-305-001
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2.

A notice required in accordance with 735 ILCS 5/151507(c)(2)(i)(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 defendants
Deborah A. Hostetter and Charles W. Hostetter who are
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 Defendants
Deborah A. Hostetter and Charles W. Hostetter, in personam,
in the amount of $50,532.09, 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 5/15-1509(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.

IT IS SO ORDERED.
ENTER: September 16, 2014
FOR THE COURT:

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

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