UNITED STATES OF AMERICA v. DAWSON

Filing 13

ORDER THAT THE MOTION FOR SUMMARY JUDGMENT FILED BY THE UNITED STATES OF AMERICA IS GRANTED. JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT IN THE AMOUNT OF $245,832.51 PLUS INTEREST AT THE RATE OF $24.5118 PER DAY FROM 9/2 1/16 TO THE DATE OF THIS ORDER. A TRUE COPY OF THIS ORDER AND DECREE SHALL BE DELIVERED TO THE US MARSHAL BY THE CLERK. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 10/20/17. 10/20/17 ENTERED AND COPIES MAILED TO UNREP, E-MAILED AND COPY GIVEN TO U.S. MARSHAL.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA
Plaintiff
v.
ANNA DAWSON,
Defendant, pro se

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CIVIL ACTION
NO. 17-0066

ORDER
AND NOW, this 20th day of October 2017, upon consideration of the motion for
summary judgment and the supporting memorandum of law and affidavit filed by United States
of America (“Plaintiff”), on behalf of its agency the Rural Housing Service, United States
Department of Agriculture, [ECF 9, 10, 11], to which Defendant Anna Dawson (“Defendant”)
has not filed a response, it is hereby ORDERED, for the reasons set forth in the accompanying
Memorandum Opinion, that Plaintiff’s motion is GRANTED, and that:
1.

Judgment is entered in favor of Plaintiff and against Defendant in the amount of

$245,832.51 plus interest at the rate of $24.5118 per day from September 21, 2016 to the date of
this Order, and thereafter, with interest thereon pursuant to 28 U.S.C. § 1961.
2.

The promissory note and mortgage between Plaintiff and Defendant are

foreclosed as to the real property located at 82 Hannah Court, Royersford, Montgomery County,
Pennsylvania (the “Property”). In accordance with Section 204(1) of the National Housing Act,
there is no right of redemption in the mortgagor or any other person.
3.

The Property be sold according to the following:
(a)

The United States Marshal for the Eastern District of Pennsylvania is

directed to sell the Property specified in the mortgage between Plaintiff and Defendant for cash to

the highest bidder at a public, judicial sale pursuant to Title 28 U.S.C. § 2001 within 180 days of
this Order. Notice must be given in accordance with 28 U.S.C. § 2002 once a week for four
consecutive weeks prior to the sale in one newspaper regularly issued and of general
circulation in the county and judicial district where the real estate is situated; Plaintiff may
advertise a short description of the Property rather than a complete legal description.
(b)

Ten percent (10%) of the highest bid must be deposited by certified

check or cashier’s check with the United States Marshal (the “Marshal”) by the bidder
immediately upon the Property being struck down to the bidder. The balance of the purchase
money must be paid in a certified or cashier’s check by the highest bidder to the Marshal
within ten (10) days after the sale is confirmed by the Court, without demand for the same
being made by the Marshal.
confirmation.

It is the highest bidder’s responsibility to ascertain the date of

If the highest bidder fails to settle, all his rights in the real estate shall cease

and be completely void and the Property may be re-advertised and sold by the Marshal
without further order of this Court at the risk of the defaulting bidder whose deposit shall be
forfeited; and in case of a deficiency on such resale, he shall make good the same to the person
thereby injured.

The highest bidder shall take the real estate subject to and is to pay all

current state and local taxes, water rents or charges, sewer rents or charges, and municipal
claims, and any other claims, charges and liens against the Property which are not divested by
the Marshal’s sale, and shall pay all state, local and federal transfer taxes and stamps.

If

Plaintiff is not the successful bidder, Plaintiff will automatically be registered as the second
highest bidder at the judgment amount and may proceed to make settlement with the Marshal
in the event of default by the highest bidder.

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(c)

Plaintiff, United States of America or its nominee, is granted the right

of entry at reasonable times to the subject premises for purposes of pre-sale inspection and
Marshal’s sale with the right to inspect the house, the books, records and accounts, all other items,
things and information necessary for the inspection, advertisement and sale of the subject
premises.
4.

Motion for Confirmation of the public sale shall be made by the Marshal or the

Plaintiff to this Court within 30 days after the date of sale. Upon confirmation of the sale, the
Marshal shall hold the proceeds of the sale after costs and expenses of the sale pending
distribution pursuant to further Order of this Court.
5.

Plaintiff shall be paid the amount adjudged due pursuant to the distribution of the

proceeds of the sale.
6.

A true copy of this Order and decree shall be delivered to the United States

Marshal by the Clerk.
7.

Jurisdiction is retained over this matter for the granting of such orders and decrees

as the circumstances may require.

BY THE COURT:

/s/ Nitza I. Quiñones Alejandro
NITZA I. QUIÑONES ALEJANDRO
Judge, United States District Court

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