United States of America v. Smith
Filing
18
OPINION CONFIRMING SALE: The U.S. Marshal's report of the sale is approved and the sale is confirmed. Entered by Judge Sue E. Myerscough on 3/3/2016. (GL, ilcd)
E-FILED
Tuesday, 08 March, 2016 09:01:07 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA,
Plaintiff,
v.
SHELLY SUE SMITH,
Defendant.
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) No. 15-CV-3020
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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:
706 Capps Avenue, Nokomis, Illinois 62075
That part of the East Half of the Northeast Quarter of the
Southwest Quarter of Section 23, Township 10 North,
Range 2 West of the Third Principal Meridian, described
as follows: Beginning at a point 510 feet South of a stone
situated 76 feet West and 45 feet South of the Northeast
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corner of the Southwest Quarter of said Section 23,
running thence West 125 feet; thence South 99 ¼ feet;
thence East 125 feet; and thence North 99 ¼ feet to the
place of beginning
Except all coal and minerals underlying said lands,
together with the right to mine and remove same
PIN NO 08-23-332-033
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, Shelly Sue Smith.
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 does not waive its right to
subsequently administratively collect, including by offset,
any resulting deficiency if the sale price for the foreclosed
property sold in this cause at judicial sale does not pay
the judgment amount and subsequently accrued interest,
advances and costs owed on either the promissory note
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or mortgage in this cause 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 holder of the certificate of sale or deed issued
pursuant to the Certificate shall be entitled to possession
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 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 above-described mortgaged
premises, including any outbuildings and vehicles
located thereon, and to remove all occupants
located thereon, who are present on the premises
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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 said
property, is hereby declared forfeited to the United
States. If the United States 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 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. CASE CLOSED.
ENTER: March 3, 2016
FOR THE COURT:
___s/Sue E. Myerscough____________
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
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