United States of America v. Brown

Filing 16

OPINION CONFIRMING SALE (See Written Opinion). Entered by Judge Sue E. Myerscough on 6/17/2015. (VM, ilcd)

E-FILED

Thursday, 18 June, 2015 08:40:26 AM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
REBECCA L. BROWN,
Defendant.

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Civil No. 14-3354

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:
611 N. 12th Street, Petersburg, IL 62675
Lots 11 and 12 in Block 5 in Bennett’s Third Addition to
the Town, now City of Petersburg situated in the County
of Menard and State of Illinois
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PIN No. 11 14 205 003
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, Rebecca L. Brown.

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 5/15-1509(a).

D.

The holder of the certificate of sale or deed issued
pursuant to the Certificate shall be entitled to possession
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of the above-described real estate on the 31st day after
entry of this order.
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 the property to
the purchaser of this property or the assignee of the
purchaser.

(2)

If any persons referenced in the above
subparagraph remain on the 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 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 United States 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 the
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
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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 the 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: June 17, 2015.
s/ Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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