Deutsche Bank National Trust Company v. King et al

Filing 45

MEMORANDUM AND ORDER, granting 44 MOTION for Order to Approve Report of Sale and Distribution and for Possession filed by Deutsche Bank National Trust Company. Signed by Judge J. Phil Gilbert on 6/25/2014. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DEUTSCHE BANK NATIONAL TRUST
COMPANY, As Trustee for the Registered
Holder of Soundview Home Loan Trust 2006NLC1 Asset-Backed Certificates, Series 2006NLC1,
Plaintiff,
vs.

Case No. 10-cv-331-JPG-DGW

THOMAS A. KING and PAULA KING,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiff Deutsche Bank National Trust
Company’s motion for order to approve report of sale and distribution and for possession (Doc.
44). The Court hereby GRANTS the motion (Doc. 44). The premises which are the subject of
the matter captioned above and described as:
THE SOUTH 90 FEET OF LOTS 14 AND 15 IN BLOCK 8 IN METCALFE PLACE
ADDITION TO EDWARDSVILLE, ACCORDING TO THE PLAT THEREOF RECORDED
IN THE RECORDER`S OFFICE OF MADISON COUNTY, ILLINOIS IN PLAT BOOK 6
PAGE 1.
EXCEPT COAL, GAS AND OTHER MINERAL RIGHTS CONVEYED, EXCEPTED OR
RESERVED IN PRIOR CONVEYANCES.
Commonly known as 603 Hancock St., Edwardsville, IL 62025
Property Index No. 14-2-15-12-17-302-004
Due notice of said motion having been given, the Court having examined said report and
being fully advised in the premises, FINDS:


That the real property that is the subject matter of the instant proceeding is a
single family residence;



That all notices required by 735 ILCS 5/15-1507(c) were given;



That said sale was fairly and properly made;



That the U.S Marshal has in every respect proceeded in accordance with the terms
of this Court's Judgment; and



That justice was done.

IT IS THEREFORE ORDERED:


That the sale of the premises involved herein and the Report of Sale and
Distribution filed by the U.S. Marshal are hereby approved, ratified, and
confirmed;



That the proceeds of the sale be distributed in accordance with the Report of Sale
and Distribution;



That the Mortgagee's fees and costs arising between the entry of the Judgment of
Foreclosure and Sale and the date of sale are approved;



That Plaintiff is not granted a deficiency judgment;



735 ILCS 5/9-117 is not applicable in this order entered pursuant to Article 15
(IMFL).



That upon request by the successful bidder, including any insurers, investors, and
agents of Plaintiff and provided that all required payments have been made
pursuant to 735 ILCS 5/15-1509, the Special Commissioner shall execute and
deliver to the successful bidder a deed sufficient to convey title.

Municipality or County may contact the below with concerns about the real property:
Deutsche Bank National Trust Company, As Trustee for Soundview Home Loan Trust 2006EQ1 Asset-Backed Certificates, Series 2006-EQ
1661 Worthington Road, Ste. 100
West Palm Beach, FL 33409
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877-596-8580
IT IS FURTHER ORDERED:


That upon request by the successful bidder, including any insurers, investors, and
agents of Plaintiff is entitled to and shall have possession of the premises as of a
date 30 days after entry of this Order, without further Order of Court, as
provisioned in 735 ILCS 5/15-1701;



That the Sheriff of Madison County is directed to evict and dispossess Thomas A.
King and Paula King from the premises commonly known as 603 Hancock St.,
Edwardsville, IL 62025.



The Sheriff cannot evict until 30 days after the entry of this order.

IT IS FURTHER ORDERED that the Deed to be issued hereunder is a transaction that is
exempt from all transfer taxes, either state or local, and the County Recorder of Deeds is ordered
to permit immediate recordation of the Deed issued hereunder without affixing any transfer
stamps.
A copy of this order shall be sent via regular mail to all defendants within 7 days.
IT IS SO ORDERED.
DATED: June 25, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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