United States Of America v. Chapman

Filing 12

ORDER (memorandum filed previously as separate docket entry): granting motion for default judgment; judgment is entered in favor of Plaintiff, United States of America, and against Defendant, Melissa Chapman f/k/a Melissa D. Lee, in the amount of � 36;60,926.65 plus interest at the rate of $7.46 per day from August 27, 2016 to the date of any Marshal's Sale or other sale of property. (See order for further/complete details)Signed by Honorable Matthew W. Brann on 5/9/17. (cc to USM Wmspt)(lg)

Download PDF
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA Plaintiff v. Civil Action No: 17-00087 MELISSA CHAPMAN f/k/a MELISSA D. LEE Defendant ORDER AND NOW, this 9th day of May , 2017, upon consideration of Plaintiffs :notion for default judgment, the accompanying memorandum of law and affidavit, and any oppositirn thereto, it is hereby ORDERED 1. That plaintiffs motion for judgment is granted. Judgment is entered in favi: r of Plaintiff, United States of America, and against Defendant, MELISSA CHAPMAN f/k/a MELISSA ] ). LEE, in the amount of $60,962.65 plus interest at the rate of $7.46 per day from August 27, 2016 to the date of any Marshal's Sale or other sale of Property. 2. That the promissory note and mortgage between Plaintiff and Defendant 11r1: foreclosed as to the property located at RR 3 Box 88 n/k/a 16038 Berwick Turnpike Gillett, PA 16925 (" ?roperty"). In accordance with the provisions of the National Housing Act, there is no right of redemption in the mortgagor or any other person. 12 U.S.C § 1701k; United States v. Forest Glen Senior Re~i1lence, 287 F.Supp. 343(D.Or. 1967). 3. That the Property be sold according to the following: (a) The United States Marshal for the Middle District of Pennsylvania ls directed to sell the Property for cash to the highest bidder at a public, judicial sale pursuant to Title 28 IJ.S.C. Section 2001within180 days of this Order. Notice must be given, in accordance with 28 U.S.C. Se::::tion 2002, once a week for four consecutive weeks prior to the sale in one newspaper regularly issued ;md of general circulation in the county and judicial district where the Property is situated. To r~uce the c1 'sts and expenses of tax sale, Plaintiff may advertise a short description of the Property rather than 11 complete legal description. (b) Ten percent (10%) of the highest bid must be deposited in certificc. check or cashier's check with the United States Marshal by the bidder immediately upon the Propert:, being struck down to the bidder. The balance of the purchase money must be paid in certified or cashi·~rs check by the highest bidder to the Marshal within ten (10) days after the sale is confirmed by the Court. 'ivithout 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 their rights in the real estate sl:l;= 11 cease and be completely void and the Property may be re-advertised and sold by the Marshal withoi.: t urther order of the Court at the risk of the defaulting bidder whose deposit shall be forfeited; and in ca:;e: of a deficiency on such resale, they shall make good the same to the person thereby injured. Thi: highest bidder shall take the Property subject to and is to pay all state and local taxes, water rents 011 charges, sewer rents or charges, and municipal claims, and any other claims, charges and liens again: :t the Property which are not divested by the Marshal's sale, and shall pay all state, local and federal tram:£: r taxes and stamps. If Plaintiff is not the successful bidder, Plaintiff will automatically be registered i1s the second highest bidder at the judgment amount and may proceed to make settlement with the Mar~.h; ti 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 Property 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 n ;:cessary for the inspection, advertisement and sale of the Property. (d) Motion for Confinnation of the public sale shall be made by the M1irshal or the Plaintiff to the Court thirty (30) days after the date of sale. 4. · Upon confirmation of the sale, the Marshal shall hold the proceeds of the sde after costs and expenses of the sale pending distribution pursuant of further Order of this Court. 5. Plaintiff shall be paid the amount adjudged due pursuant to the distribution )f the proceeds of the sale. \ l I I 6. 1 l 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 i: :ecrees as the circumstances may require. J.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?