Commodity Futures Trading Commission v. Mason et al

Filing 57

ORDER granting 56 Motion. Signed by Senior Judge Graham Mullen on 1/23/2014. (Pro se litigant served by US Mail.)(blf)

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 - 2222 HICKORY RUN, GRAHAM,
NORTH CAROLINA
THIS MATTER was heard 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 – 2222 Hickory Run, Graham, North Carolina (the “Motion”) (Doc. No. 56) filed on
January 7, 2014 concerning the sale of condominium unit No. 9 of Hickory Run Condominiums
along with a 5.3 percentage undivided interest as tenant in common and as appurtenant to unit
No. 9 in all “Common Areas and Facilities” located in Graham, Alamance County, North
Carolina, PIN number 8893406581 and also known as 2222 Hickory Run (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, Lynda
Allred Realty and Heritage Real Estate 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 James H. Mason Trustee of the JHM Trust U/W/A Dated
July 18, 2008, 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: January 23, 2014

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