United States of America v. Zabala

Filing 26

ORDER granting 25 Motion for Order Confirming Marshal's Sale. Signed by Magistrate Judge Kenneth G. Gale on 1/18/17. (aw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

UNITED STATES OF AMERICA,
Plaintiff,
v.

Civil No. 16-1031-KGG

JERRY LEE ZABALA,
Defendant.
ORDER CONFIRMING UNITED STATES MARSHAL'S SALE OF REAL ESTATE
This matter is before the Court for decision on Plaintiff's Motion for Order Confirming
United States Marshal's Sale of Real Estate (Doc. 25) in the above-entitled case. The United
States of America appears by Thomas E. Beall, United States Attorney for the District of Kansas,
and Michelle A. Jacobs, Assistant United States Attorney. There are no other appearances.
The Court, having examined the file and pleadings in this case, finds the following.
1.

The United States of America obtained an in rem judgment of foreclosure as to

certain real estate and an in rem judgment against Defendant Jerry Lee Zabala in the abovecaptioned action on September 27, 2016, Doc. 20.
2.

The subject real estate is located in Rice County, Kansas, described as follows:
Lot Three (3) in Block Eleven (11) in the City of Chase, Rice
County, Kansas
Subject to the following:
Encroachments by the (gravel) driveway located on the premises in
question over the northern portion of the property located on the
south of subject premises, and sidewalk located on the premises in
question over and on the property located on the west of subject
premises, as shown by the survey (Project No. 2448), dated
December 31, 1984, made by Robert L. Moser, L.S. 452, with
Macon Company, Inc., of Newton Kansas.

United States District Court for The District of Kansas
United States of America v. Jerry Lee Zabala, et al., Case No. 16-1031-JTM-KGG
Order Confirming United States Marshal’s Sale Of Real Estate, Page 2

3.

As of December 12, 2016, the date of sale, there was due and owing the sum of

$12,919.30 ($9,645.82 due on the date of judgment; plus post-judgment interest in the total
amount of $12.05, (accrued from the date of judgment to the date of sale, 76 days, at the postjudgment interest rate of 0.60 as set forth in 28 U.S.C. § 1961); and the costs and expenses of
sale in the amount of $607.44 and the guardian ad litem fees and expenses in the amount of
$2,653.99).
4.

The subject real estate was sold by the Office of the United States Marshal on

December 12, 2016, to Community Presbyterian Church for the sum of $5,100.00, and the funds
have been receipted by the Clerk of the District Court, District of Kansas, pursuant to the order
of this Court.
5.

This bid was the highest and best bid at the sale and the price is a fair and

equitable price for the property.
6.

The sale proceeds are currently held by the Clerk as provided in the Order of

Default Judgment, Judgment of Foreclosure, and Final Judgment entered on September 27, 2016,
Doc. 20.
7.

The proceedings of the United States Marshal under the Order of United States

Marshal’s Sale are regular and in conformity with law and equity and the orders of this Court
and should be confirmed in all respects.
8.

The United States Marshal’s Sale is subject to a twelve (12) month redemption

period from the date of sale pursuant to the provisions of K.S.A. § 60-2414(m), however, by
agreement of the parties and pursuant to page eight of the Journal Entry of Judgment, Judgment

United States District Court for The District of Kansas
United States of America v. Jerry Lee Zabala, et al., Case No. 16-1031-JTM-KGG
Order Confirming United States Marshal’s Sale Of Real Estate, Page 3

of Foreclosure, and Final Judgment [Doc. 20], the defendant waived his redemption rights upon
sale of the real property.
9.

The U.S. Marshal is hereby directed to issue a Deed conveying the real estate to

the buyer, Community Presbyterian Church.
10.

Should the grantee named in the United States Marshal’s Deed or the grantee’s

assigns be denied possession of the real property and, upon proper application of the grantee or
assigns, a Writ of Assistance shall issue out of this Court to the United States Marshal for the
District of Kansas, ordering and directing the United States Marshal to place the grantee or
assigns in full, complete, and peaceful possession of the real property without further order of
this Court.
IT IS THEREFORE ORDERED BY THE COURT, ADJUDGED AND DECREED that
the United States Marshal's Sale held on December 12, 2016, at which the above described real
property was sold by the United States Marshal for the District of Kansas, is confirmed.
IT IS FURTHER BY THE COURT ORDERED that defendant’s redemption rights are
hereby extinguished.
IT IS FURTHER BY THE COURT ORDERED that the United States Marshal for the
District of Kansas should make and execute to Community Presbyterian Church, the purchaser of
the real property, a good and sufficient deed for the property.
IT IS FURTHER BY THE COURT ORDERED that if the grantee named in the United
States Marshal’s Deed or the grantee’s assigns is denied possession of the real property and,
upon proper application of the grantee or assigns, a Writ of Assistance shall issue out of this
Court to the United States Marshal for the District of Kansas, ordering and directing the United

United States District Court for The District of Kansas
United States of America v. Jerry Lee Zabala, et al., Case No. 16-1031-JTM-KGG
Order Confirming United States Marshal’s Sale Of Real Estate, Page 4

States Marshal to place the grantee or assigns in full, complete, and peaceful possession of the
real property without further order of this Court.
IT IS SO ORDERED.
Dated this 18th day of January, 2017.
S/ KENNETH G. GALE

KENNETH G. GALE
Magistrate Judge
United States District Court
Submitted by:
THOMAS E. BEALL
United States Attorney
District of Kansas
s/ Michelle A. Jacobs
MICHELLE A. JACOBS
Assistant United States Attorney
Ks. S.Ct. No. 21261
1200 Epic Center
301 N. Main
Wichita, Kansas 67202
PH: [phone]
FX: [phone]
Email: [e-mail]
Attorneys for the Plaintiff