United States of America v. Anderson et al

Filing 48

ORDER approving settlement agreement between the United States and Defendants Richard F. Anderson and Maureen Anderson; entering default judgment in favor of the United States against Defendants M. Patricia Smith, Commissioner of Labor of the State o f New York; the New York State Department of Taxation and Finance; J.P. Morgan Chase Bank, as successor to Manufacturers Hanover Trust Co.; and Midland Funding LLC; and dismissing the case with prejudice. Clerk to close case. Signed by Hon. Michael A. Telesca on May 16, 2011. (MK)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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RICHARD F. ANDERSON, et als.,
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Defendants.
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_______________________________________ )

Civil No. 6:08-cv-06426-MAT

ORDER
WHEREAS, plaintiff United States of America filed a complaint on September 16, 2008,
seeking to foreclose a judgment lien issued pursuant to 28 U.S.C. § 3201 obtained in the case of
United States of America v. Richard F. Anderson, No. 00-CV-06284L (W.D.N.Y Nov. 6, 2000)
and a judgment lien obtained in the case of United States v. Richard F. Anderson, Case No. 06CV-6076 (W.D.N.Y. June 6, 2008), as well as federal tax liens assessed against defendant
Richard F. Anderson for the tax years 1996 through 2001. (Docket Entry No. 1);
WHEREAS, the Clerk of the Court entered the default of defendants M. Patricia Smith,
Commissioner of Labor of the State of New York; the New York State Department of Taxation
and Finance; J.P. Morgan Chase Bank, as successor to Manufacturer’s Hanover Trust Co.; and
Midland Funding LLC (the “Defaulted Defendants”) on March 6, 2009. (Docket Entry No. 12);
WHEREAS, on May 3, 2011, the Court conducted a status conference where the plaintiff
and the defendants Richard F. Anderson and Maureen Anderson, his wife, were represented by
respective counsel (Docket Entry No. 47.);
WHEREAS, the parties have agreed upon a settlement of the pending foreclosure action

and seek the Court’s approval of the settlement which provides as follows: the United States will
accept $22,000 from the Defendant, Maureen Anderson, the wife of Richard F. Anderson, in full
satisfaction of Defendant Richard F. Anderson’s outstanding student loan liability, and in
exchange for the United States’ discharge of its lien against the Property, located at 1112 Five
Mile Line Road, Webster, New York, in Monroe County, New York; and Richard F. Anderson
shall convey his tenancy by the entirety interest to his wife, Maureen Anderson; and
WHEREAS the Defaulted Defendants having been served with process but having failed
to plead or otherwise defend in this action, and the time for doing so having expired, and the
Clerk having entered the default of the Defaulted Defendants, and the United States having
requested judgment by default against the Defaulted Defendants, and upon consideration of the
entire record in this matter and for good cause shown, it is hereby
ORDERED that judgment is entered in favor of the plaintiff, the United States of
America, against the Defaulted Defendants, M. Patricia Smith, Commissioner of Labor of the
State of New York; the New York State Department of Taxation and Finance; J.P. Morgan Chase
Bank, as successor to Manufacturer’s Hanover Trust Co.; and Midland Funding LLC, and it is
determined that the Defaulted Defendants, have no right, title, claim or interest in the real
property owned by defendants Richard F. Anderson and Maureen Anderson located at 1112 Five
Mile Line Road, Webster, New York, in Monroe County, New York (hereinafter the “Property”);
and it is
FURTHER ORDERED that the settlement agreement is approved, the Court finding
that the terms of the settlement are fair and reasonable and that the settlement fully satisfies the
judgment lien issued pursuant to 28 U.S.C. § 3201 obtained in the case of United States of
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America v. Richard F. Anderson, No. 00-CV-06284L (W.D.N.Y Nov. 6, 2000); and it is
FURTHER ORDERED that the judgment lien obtained in the case of United States v.
Richard F. Anderson, Case No. 06-CV-6076 (W.D.N.Y. June 6, 2008), as well as federal tax
liens assessed against defendant Richard F. Anderson for the tax years 1996 through 2001, are
discharged only with respect to the Property, located at 1112 Five Mile Line Road, Webster,
New York, in Monroe County, New York; and it is
FURTHER ORDERED that the Defendant, Richard F. Anderson, shall convey his
tenancy by the entirety interest in the Property, located at 1112 Five Mile Line Road, Webster,
New York, in Monroe County, New York to his wife, Maureen Anderson, as a condition of the
settlement; and it is
FURTHER ORDERED that within 15 days of the date of this Order that defendant
Maureen Anderson will remit the sum of $22,000 via a certified check or bank check made
payable to “United States Department of Justice” and send the check to:
United States Department of Justice
Attn: Financial Litigation Unit
138 Delaware Ave.
Buffalo, NY 14202
and it is
FURTHER ORDERED that this case is hereby dismissed with prejudice.
ALL OF THE ABOVE IS SO ORDERED
s/ Michael A. Telesca
MICHAEL A. TELESCA
United States District Judge
Dated:

Rochester, New York
May 16, 2011

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