USA v. McElroy et al

Filing 27

//ORDER Approved. 26 Stipulation RE: Priority in the enven of Foreclosure.APPROVED. SO ORDERED. Signed by Magistrate Judge James R. Muirhead. (amm)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIR E

UNITED STATES OF AMERICA, Plaintiff,
V.

Civil No . 07-CV-398-JM

HENRY W . MCELROY, JR . , DONNA Q . MCELROY, and DIGITAL FEDERAL CREDIT UNION, Defendants .

Magistrate Judge James R . Muirhead

STIPULATION The plaintiff, United States of America, the defendants Donna Q . McElroy, an d th e defendant Digital Federal Credit Union, hereby agree and stipulate that : 1 . Digital Federal Credit Union holds a valid mo rtgage on the property at 15 Iroquois Road, Nashua, New Hampshire (the "Property"), which mo rt gage is superior to the tax liens of the United States of America . 2 . To the extent there is an y balan ce due an d owing to Digital Federal Credit Union on the Note and Mortgage given by Henry W . McElroy and Donna Q . McElroy as re fl ected in the Mo rt gage dated J an ua ry 25, 1999, recorded in the Hillsborough County Registry of Deeds at Book 6056, Page 1846, securing the Property, in the event said Property is sold in connection with this action, Digital Federal Credit Union shall have a priority position in the proceeds, including acc ru ed interest and associated re asonable fees an d costs resulting from any foreclosure an d sale over all other pa rties to this action . 3 . Digital Federal Credit Union agrees, upon notice from the plaintiff United States, to

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provide an account of any balance due that may be owing and due at the time of any foreclosure and sale in connection with this action occurs, if any . '
4 . Digital Federal Credit Union does not otherwise have any interest in this litigation and should be excused from having to participate in further matters associated with this case from now through the possibility of trial .

5 . Donna Q. McElroy has an interest in the Property, which is superior to the tax liens of the United States of America . 6 . In the event the Property is sold in connection with this action, Donna Q . McElroy shall have a second priority position in the proceeds (second to Digitial Federal Credit Union), which includes a right to half of the remaining proceeds in the event of a foreclosure on the Property, after Digitia] Federal Credit Union collects its balance on its mortgage, including accrued interest and associated reasonable fees and costs resulting from any foreclosure and sale over all other parties to this action . 7 . An order consistent with this Stipulation may be entered but, notwithstanding entry of such an order, the facts stipulated to shall be binding upon the parties .

' As of May 1, 2009 the total bal an ce owed on the mo rt gage is $30,972 .74 .

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ANDREA A . KAFK A Trial Attorney, Tax Division United States Department of Justice Pp Box 55, Ben Franklin Station Washington, D .C . 20044 Phone: [phone] Facsimile: [phone] Email : AndFg Kafka gusdoi. ov

DONNA McELROY 15 Iroquois Road Nashua, New Hampshire 03063 Phone : [phone]

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DAVID A . KEELE, ESQ. Keele & Associates, LLC 9 Billerica Road Chelmsford, Massachusetts 01824 Phone : [phone] Fa,csimite : (978) 244111 1 Email ; avid .Keelelawfi rm .co~

United States District Judge

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For the United States : 5/5/09 DAT E /s/AndreaA . KaJka ANDREA A . KAFKA Tri al A tto rn ey, Tax Division United States Depa rtment of Justice PO Box 55, Ben Franklin Station Washington, D .C . 2004 4 Phone : [phone] Facsimile : [phone] Email : Andrea .Kafka(n?usdoi .go v

For Donna McElroy :

DATE

DONNA McELROY 15 Iroquois Road Nashua, New Hampshire 03063 Phone : [phone]

For Digital Federal Credit Union : 5/8/0 9 DAT E /s/DavidA . Keele DAVID A . KEELE, ESQ . Keele & Associates, LLC 9 Billerica Road Chelmsford, Massachusetts 01824 Phone : [phone] Facsimile : (978) 244-111 1 Email : Davida.Keelelawfirm .co m

APPROVED .

SO ORDERED :
May 11, 200 9
/s/Ja mes R . Muithea d United States Magistrate Judg e

DATE

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