United States of America v. Jones et al

Filing 18

OPINION Confirming Sale. SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 10/03/2018. (SKN, ilcd)

E-FILED

Wednesday, 03 October, 2018 04:07:06 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
JOHN W. JONES and VILLAGE
OF SAN JOSE,
Defendants.

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Civil No. 17-3231

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:

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1.

The common address of the real estate is 501 S. First

Street, San Jose, Illinois 62682 and the legal description is as
follows:
Ninety five (95) feet off from the North side of the North half
(N1/2) of block two (2) in the Hicks Addition to the Village of
San Jose, Illinois and is more fully described as follows:
Beginning at a point two hundred five (205) feet due North
of the Southeast corner of said Block two (2) and running
thence North ninety five (95) feet to the Northeast corner of
said block two (2), thence due West to the lands of the
Chicago and Alton Railroad Company, thence in a
Southwesterly direction of course along the line of said
Chicago and Alton Railroad Company to a point directly
West of the point of beginning, thence due East to the place
of beginning, Situated in the County of Mason, State of
Illinois.
Pin: 001-650000
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

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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
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 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.

ENTER: October 3, 2018.
_s/Sue E. Myerscough__________________
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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