First Bank v. His Way Development, Inc et al

Filing 28

ORDER, granting 27 MOTION Motion to Confirm Sale re 26 REPORT OF SALE of U.S. Marshal filed by First Bank. Signed by Chief Judge David R. Herndon on 2/3/2014. (mtm)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
FIRST BANK, a Missouri banking corporation,
Plaintiff,
v.
HIS WAY DEVELOPMENT, INC., an Illinois
corporation; RYAN D. MARTIN; MARVIN W.
HAYDEN,
Defendants.

Case No. 13-cv-360-DRH-SCW
ORDER CONFIRMING SALE

HERNDON, Chief Judge:
On motion of plaintiff, First Bank, for confirmation of sale (Doc. 27), the
Court, being in all respects fully advised in the premises, GRANTS the motion
and finds as follows:
1.

Due notice of the presentment of plaintiff=s motion has been given.

2.

The real estate described in plaintiff=s Complaint was sold at public

sale on January 22, 2014, in accordance with the Judgment of Foreclosure
entered herein on October 10, 2013.
3.

Proper notice of such sale was given in accordance with law and the

provisions of the Judgment of Foreclosure.
4.

The terms of sale were not unconscionable.

5.

The sale was not conducted fraudulently.

6.

Justice was done in connection with the sale.

7.

All rights of redemption and reinstatement have expired (or have

been validly waived) without redemption or reinstatement having been made.
8.

Plaintiff has priority over all other parties, and is entitled to receive

all proceeds of sale.
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9.

Plaintiff was the successful bidder at such sale, having bid the sum of

$45,750.00, which sum was set off against the amount found due plaintiff under
the Judgment.
10.

As of the date of sale, the following amounts were due and owing to

plaintiff:
Amount found due in judgment as of October 10, 2013:
Unpaid principal balance ………………………………………….$144,339.06
Accrued interest at $15.01 per day and unpaid as of date of
sale……………………………………………………………………….3,701.41
Costs of Sale:
Marshal’s commission……………………………………….. 701.25
Marshal’s fees for conducting sale (Service)………………65.00
(Mileage)……………..11.10
Publication charges…………………………………………...899.00
Total amount of indebtedness………………………149,716.82
Amount of bid at sale………………………………….45,750.00
Amount of deficiency………………………………….$103,966.72
11.

The expenses and/or advances set forth above are reasonable and

proper.
12.

After crediting the proceeds of sale against the amounts due plaintiff,

a deficiency in the amount of $103,966.72 remains due plaintiff.
13.

The name, address and phone number of the contact person of the

Grantee in the deed to be issued pursuant to this Order are: First Bank c/o

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Stefani Drury, M1-199-067, 600 James S. McDonnell Blvd., Hazelwood, MO
63042; Phone: [phone].
14.

The premises are not Aresidential real estate@ within the meaning of

Article 15 of the Code of Civil Procedure.
IT IS THEREFORE ORDERED AS FOLLOWS:
A.

The foreclosure sale conducted on January 22, 2014, is hereby

confirmed.
B.

The fees and expenses of the Marshal as set forth above are hereby

approved.
C.

Plaintiff is entitled to retain all proceeds of sale.

D.

The rights, if any, of all defendants to this cause to possession of the

real estate sold is terminated, and the holder of the Certificate of Sale (or, if none
was issued, the Receipt of Sale) is entitled to a Marshal’s Deed and to possession
of the real estate.
E.

There is no just reason for delaying enforcement or appeal of this

Order.

IT IS SO ORDERED.
Signed this 3rd day of February, 2014.

Page 3 of 3

Digitally signed
by David R.
Herndon
Date: 2014.02.03
17:42:06 -06'00'
______________________________
Chief Judge
U.S. District Court