Commodity Futures Trading Commission v. Mason et al
Filing
52
ORDER granting 49 Motion Approval of Offer to Purchase and Contract as to Real Property and for Authority to Consummate Sale of Real Property. Signed by Senior Judge Graham Mullen on 12/18/2013. (Pro se litigant served by US Mail.)(eef)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
U.S. COMMODITY FUTURES TRADING
COMMISSION,
Plaintiff,
v.
NO. 3:13-CV-196
JAMES HARVEY MASON,
Defendant, and
THE JHM FOREX ONLY POOL (f/k/a
THE JHM FOREX ONLY POOL, LP), and
FOREX TRADING AT HOME,
Relief Defendants.
ORDER GRANTING RECEIVER’S MOTION FOR APPROVAL OF OFFER TO
PURCHASE AND CONTRACT AS TO REAL PROPERTY AND FOR AUTHORITY
TO CONSUMMATE SALE OF REAL PROPERTY
This matter is before the Court on the Receiver’s Motion For Approval of Offer to
Purchase and Contract as to Real Property and for Authority To Consummate Sale of Real
Property (the “Motion”) (D.E. 49) filed on December 3, 2013 concerning the sale of Lot 25, PH
1, Scott’s Grant, 601 Rachel Smothers Drive, Greensboro, North Carolina, PIN number 0138629
(the “Real Property”). The Court finds that it has jurisdiction over this matter, notice was proper,
and no objections have been filed to the relief requested. The Court has reviewed the Motion
and concludes that the relief requested in the motion should be granted.
It is THEREFORE ORDERED as follows:
(a)
The Court hereby appoints McNairy & Associates, LLC, Katie
Simmons and Andrea Wilhelm as the three disinterested appraisers
for purposes of a sale of the Real Property pursuant to 28 U.S.C. §
2001(b);
(b)
The Court finds and holds that the requirements of 28 U.S.C. § 2001,
2002 have been met;
(c)
The Court hereby approves the Receiver’s acceptance of the
Contract;
(d)
The Court authorizes the Receiver to carry out a closing to sell the
Real Property pursuant to the terms of the Contract without further
order of the Court including executing necessary documentation
customary in real estate closings of this type such as deeds in the
name of The JHM Trust, lien waivers, 1099 forms and other similar
documents; and
(e)
The Court authorizes the Receiver to deposit the net proceeds from
the sale of Real Property into the Receivership bank account.
SO ORDERED.
Signed: December 18, 2013
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