United States of America v. Graham

Filing 18

Order to Vacate 15 DECREE OF FORECLOSURE AND SALE OF PROPERTY; ORDER dismissing this action; The Clerk of Court of Common Pleas for Kershaw County, South Carolina is hereby authorized and directed to cancel the Lis Pendens which was filed and recor ded on 11/10/2004 in Lis Pendens book 1662 on page 18-24. Motions terminated: 17 MOTION to Vacate and Set Aside Decree of Foreclosure and Sale MOTION to Dismiss Action filed by United States of America. Signed by Honorable Cameron McGowan Currie on 11/24/2008. (cbru, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION UNITED STATES OF AMERICA, Plaintiff, vs. GARY GRAHAM and JODY'S INC., d/b/a EVELYN BRIDAL & FORMAL WEAR, Defendants. ) CIVIL ACTION NO. 3:06-1372-CMC ) ) ) ) ORDER VACATING AND SETTING ) ASIDE DECREE OF FORECLOSURE ) AND SALE AND FOR DISMISSAL ) OF THE ACTION ) ) )

Plaintiff has moved pursuant to Rule 60(b)(6), and Rule 41 (a)(2), Federal Rules of Civil Procedure, to vacate the Decree of Foreclosure and Sale heretofore filed by this Court on January 5, 2007, and to dismiss the action. It appears that the defendant(s)-mortgagor(s), Gary Graham, is on active duty with the military and that foreclosure and sale of the premises in question are no longer necessary. All parties desire that Plaintiff's motion be granted and there be a cessation of these proceedings. It further appears that granting of the relief sought would be compatible and in keeping with the aims and goals of the federal program under which this loan was made. Now, therefore, for good cause shown, it is ORDERED, ADJUDGED AND DECREED that the Decree of Foreclosure and Sale filed in this matter on January 5, 2007, be, and the same hereby is, vacated and set aside, and to be of no effect.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this action be, and the same hereby is, dismissed without prejudice. Clerks of the Federal District Court and the appropriate County Court are authorized and directed to cancel of record any Lis Pendens which heretofore may have been filed in this action. AND IT IS SO ORDERED. s/Cameron McGowan Currie CAMERON McGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina November 24, 2008

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