Green Tree Servicing, LLC v. Ford

Filing 32

ORDER, granting 29 MOTION for Order of Sale filed by Green Tree Servicing, LLC. Signed by Judge J. Phil Gilbert on 3/20/2014. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GREEN TREE SERVICING, LLC,
Plaintiff,
vs.

Case No. 13-cv-289-JPG-DGW

WILLIAM F. FORD, CHRISTINE M. FORD,
and UNITED STATES OF AMERICA,
Defendants.

ORDER
This matter comes before the Court on plaintiff Green Tree Servicing, LLC’s motion for
order of sale (Doc. 29). The Court, having reviewed the pleadings filed herein and having taken
judicial notice of the court file, is fully informed and advised.
THE COURT HEREBY FINDS AS FOLLOWS:
1.

This Court entered a Judgment of Foreclosure, Summary Judgment, and Default

Judgment in this matter on October 31, 2013 (Docs. 26 & 27).
2.

Pursuant to said Judgment of Foreclosure, the period of redemption expired on February

1, 2014 (three months from the entry of the Judgment).
3.

On October 31, 2013, a Special Commissioner was appointed for the purpose of selling

the subject real estate at a public sale (Doc 26).
4.

On February 4, 2014, the Special Commissioner conducted its sale of the parcel of realty

commonly known as 705 Peers Avenue, Collinsville, Illinois, and legally described as follows:

LOT 8 IN BLOCK 4 IN "UNION ADDITION TO COLLINSVILLE" REFERENCE
BEING HAD TO THE PLAT THEREOF RECORDED IN THE RECORDER'S OFFICE
OF MADISON COUNTY, ILLINOIS, IN BOOK OF PLATS "6" ON PAGE 69;
SITUATED IN THE COUNTY OF MADISON, ILLINOIS.
EXCEPT THE COAL, OIL, GAS AND OTHER MINERALS UNDERLYING SAID
PREMISES AND THE RIGHT TO MINE AND REMOVE SAME.
Property Index No.

13-2-21-27-17-306-016

5.

Plaintiff was the winning purchaser at said sale with a credit bid of $119,037.31.

6.

Plaintiff thereafter filed its Motion for Order Confirming Sale and Distribution and for

Possession and attached the Report of Sale, the Receipt of Sale, the Certificate of Sale and the
Certificates of Publication (Doc. 29) ("Motion").
7.

There have been no objections to Plaintiff's Motion, nor have there been any assertions

that the sale conducted by the Special Commissioner on February 4, 2014 should not be
confirmed for any of the reasons set forth in 735 ILCS 5/15-1508(b).
8.

Plaintiff, the first priority lienholder, is owed a total judgment of $114,274.56, plus post-

judgment interest of $2,622.00, publication costs of $733.00, post-judgment expenses of
$1,007.75, sale commission fee of $400.00, for a total of $119,037.31.
9.

All notices required by 735 ILCS 5/15-1507(c) and 28 U.S.C. § 2002 were given.

10.

The sale was fairly and properly conducted.

11.

The Special Commissioner has in every respect proceeded in accordance with the terms

of this Court's Judgment.
12.

Justice has been done.
THE COURT THEREFORE ORDERS AND DECREES AS FOLLOWS:

A.

Plaintiff's motion for an order approving the report of sale and distribution and for

possession (Doc. 29) is GRANTED.

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B.

The February 4, 2014 sale conducted pursuant to the Judgment of Foreclosure entered on

October 31, 2013 is hereby APPROVED.
C.

The Report of Sale and Distribution filed by the Special Commissioner (Doc. 29) is

approved, ratified and confirmed.
D.

The proceeds of the sale shall be distributed in accordance with the Report of Sale and

Distribution (Doc 29).
E.

735 ILCS 5/9-117 is not applicable to this order entered pursuant to Article 15 of the

Illinois Mortgage Foreclosure Law.
F.

Upon request of the Plaintiff, including its insurers, investors, and agents, and provided

that all of the required payments have been made pursuant to 735 ILCS 5/15-1509, the Special
Commissioner shall execute and deliver to Plaintiff, or its assignee, a deed sufficient to convey
title.
G.

The Municipality or County may contact the below with concerns about the real property:
Grantee or Mortgagee:
Contact:
Address:
Telephone Number:

H.

Federal National Mortgage Association
James Tiegen
One South Wacker Drive, Suite 1400
Chicago, IL 60606
312-368-6200

Plaintiff, including its insurers, investors, and agents, is entitled to and shall have

possession of the premises as of a date 30 days after the entry of this Order, without further
Order of Court, as provided by 735 ILCS 5/15-1701.
I.

The Sheriff of St. Clair County is directed to evict and dispossess William F. Ford a/k/a

William Floyd Ford, Christine M. Ford, United State of America from the premises commonly
known as 705 Peers Avenue, Collinsville, IL 62234.

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J.

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.

IT IS SO ORDERED.
DATED: March 20, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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