UNITED STATES OF AMERICA v. Harding et al

Filing 15

ORDER (memorandum filed previously as separate docket entry) IT IS HEREBY ORDERED that Plaintiff's Motion for Summary Judgment (Doc. 8) is granted; Judgment is entered in favor of Plaintiff, United States of America, and against Defendants, Cel ene M. Harding and Richard M. Harding, in the amount of $187,861.62 plus interest at the rate of $20.37 per day from June 6, 2013 to the date of any Marshal's Sale or other sale of the property. See Order for additional details. Signed by Honorable A. Richard Caputo on 8/2/13. (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA,
CIVIL ACTION NO. 3:13-CV-564

Plaintiff,
v.
CELENA M. HARDING and RICHARD M.

(JUDGE CAPUTO)

HARDING,
Defendants.
ORDER
NOW, this 2nd day of August, 2013, IT IS HEREBY ORDERED that:
(1)

Plaintiff’s Motion for Summary Judgment (Doc. 8) is granted;

(2)

Judgment is entered in Plaintiff’s favor and against Defendants in the
amount of $187,861.62 plus interest at the rate of $20.37 per day from
June 6, 2013 to the date of any Marshal’s Sale or other sale of the
property;

(3)

The promissory note and mortgage between Plaintiff and Defendants is
foreclosed as to the real property described therein. In accordance with
Section 204(1) of the National Housing Act, there is no right of redemption
in the mortgagor or any other person;

(4)

The real property described in the mortgage shall be sold according to the
following:
a.

The United States Marshal for the Middle District of Pennsylvania is
directed to sell the real property specified in the mortgage between
Plaintiff and Defendants for cash to the highest bidder at a public,
judicial sale pursuant to 28 U.S.C. § 2001 within 180 days of this
order. Notice must be given in accordance with 28 U.S.C. § 2002,
once per 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;
b.

Ten percent of the highest bid must be deposited in certified check
or cashier’s check with the United States Marshal by the bidder
immediately upon the property being struck down to the bidder. The
balance of the purchase money must be paid by certified or
cashier’s check by the highest bidder to the Marshal within ten days
after the sale is confirmed by the Court, without demand for the
same being made by the Marshal. It is the highest bidder’s
responsibility to ascertain the date of confirmation. 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 the 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 be automatically 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;

c.

Plaintiff, United States of America, or its nominee is granted 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, books, records, accounts, and all other items and
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information necessary for the inspection, advertisement, and sale of
the subject premises; and
d.

Motion for confirmation of the public sale shall be made by the
Marshal to the Court thirty days after the date of sale;

(5)

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;

(6)

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

(7)

A true copy of this Order and decree shall be delivered to the United
States Marshal by the Clerk;

(8)

Jurisdiction is retained over this matter for the granting of such Orders and
Decrees as the circumstances may require; and

(9)

The Clerk of Court is directed to administratively close this case.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

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