Deutsche Bank National Trust Company v. Ball et al

Filing 76

ORDER GRANTING 75 MOTION for Order to Confirm Sale and for Order of Possession filed by Deutsche Bank National Trust Company, and DECREE Confirming Sale. Signed by Judge Michael J. Reagan on 8/21/2012. (mmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee
for Ameriquest Mortgage Securities Inc., Asset-Backed PassThrough Certificates, series 2002-AR1
Plaintiff,
Case No. 10-cv-872-MJR-PMF

vs.
ANTHONY A. BALL, JANECE F. BALL,
UNITED STATES OF AMERICA,
Defendants.

ORDER CONFIRMING SALE
The Judicial Sales Corporation, the Special Commissioner appointed to conduct the sale of the
property at issue in this mortgage foreclosure action, has now filed its Report of Sale and Distribution of the
proceeds of Sale (Doc. 74). Also before the Court is the judgment creditor, Plaintiff Deutsche Bank
National Trust Company, as Trustee for Ameriquest Mortgage Securities, Inc., asset-backed, pass-through
certificates, series 2001-AR1, moving approval of the report of sale and distribution of the sale funds (Doc.
75).
The Court finds that The Judicial Sales Corporation has, in all things, proceeded in accordance
with all the terms of the Judgment heretofore entered in making the Sale of the premises st issue
(commonly known as 90 Alex Lane, Murphysboro, Illinois 62966) and in distributing the proceeds derived
from the sale;
The Court further finds that the proceeds of sale of the premises were in the sum of SIXTY THREE
THOUSAND TWO HUNDRED FIFTY DOLLARS AND NO CENTS, ($63,250.00) and that The Judicial
Sales Corporation has retained therefrom for their fees and commissions in accordance with the terms of
said Judgment, the sum of FOUR HUNDRED DOLLARS AND NO CENTS ($400.00).

Municipality may contact the below with concerns about the real property:
Holder of the Certificate of Sale:
CONTACT
ADDRESS
TELEPHONE NUMBER:

HOMEWARD RESIDENTIAL, INC.
C/O MICHELLE TROTTER
1525 S. BELT LINE RD.
COPPELL, TX 75019
800-358-8426

IT IS THEREFORE ORDERED that Plaintiff Deutsche Bank National Trust Company, as Trustee
for Ameriquest Mortgage Securities, Inc., asset-backed, pass-through certificates, series 2001-AR1, motion
for approval of the report of sale and distribution of the sale funds (Doc. 75) is GRANTED.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED:
That said sale of the premises included herein by The Judicial Sales Corporation and the
distribution by them of the proceeds of sale and the Report of Sale and Distribution be and they are hereby
in all respects approved, ratified and confirmed.
IT IS FURTHER ORDERED that an Order of Possession be and is hereby entered. The United
States Marshal’s Service for the Southern District of Illinois is hereby directed to evict only the Defendants,
ANTHONY A. BALL AND JANECE F. BALL, from the premises described as the following:
LOT 2 IN MIRANDA HEIGHTS, BEING A SUBDIVISION OF A PART OF THE SOUTHEAST
QUARTER OF SECTION 19 IN TOWNSHIP 8 SOUTH, RANGE 2 WEST, 3RD P.M., JACKSON
COUNTY, ILLINOIS AS PER PLAT THEREOF RECORDED OCTOBER 7, 1998, IN PLAT
CABINET 2, SLOT 85A, RECORDER'S OFFICE, JACKSON COUNTY, ILLINOIS. LESS AND
EXCEPTING THAT PART CONVEYED TO WILLIAM EUGENE BALL AND JOSIE MARIE BALL IN
WARRANTY DEED ON JUNE 6, 2000 IN BOOK 1056 PAGE 188.
Common Address: 90 ALEX LANE, MURPHYSBORO, IL 62966
and place in possession Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR
AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES,
SERIES 2002-AR1. No occupant of the property not specifically named in the caption may be evicted

pursuant to this Order without a Supplemental Order for Possession or an Order of Possession pursuant to
a Forcible Entry and Detainer Complaint. Possession is stayed thirty (30) days, pursuant to 735 ILCS 5/151701(d). The mortgagors, ANTHONY A. BALL AND JANECE F. BALL, shall have a special right to redeem
the mortgage for thirty (30) days pursuant to 735 ILCS 5/15-1604. Pursuant to 28 U.S.C. §2410(c), the
United States shall have one hundred twenty (120) days to redeem its liens.
IT IS FURTHER ORDERED that The Judicial Sales Corporation be and is hereby ordered, upon
presentation by the successful bidder, of the duly issued Certificate of Sale, to immediately issue a Judicial
Deed for the subject premises to the successful bidder. All claims of parties to the foreclosure are hereby
terminated and barred pursuant to 735 ILCS 5/15-1509 (c).
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 Judicial Deed issued hereunder without any exemption stamps.
The Court further find that under said Judgment, there remains a deficiency balance in the sum of
$(157,915.87), and an In-Rem Judgment is hereby entered.
DATED: August 21, 2012
s/ Michael J. Reagan
MICHAEL J. REAGAN
UNITED STATES DISTRICT JUDGE