United States of America v. Torres, et al

Filing 32

ORDER OF SALE - granting 31 Motion for Order of Sale. Signed by Judge Rosanna Malouf Peterson. (VR, Courtroom Deputy) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)

1

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

2

Mar 12, 2020

3

SEAN F. MCAVOY, CLERK

4
UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF WASHINGTON

6
7

UNITED STATES OF AMERICA,
Plaintiff,

8
9
10

v.

NO: 1:17-CV-3217-RMP
ORDER OF SALE

ELSA LETICIA TORRES,
Defendant.

11
12
13

On November 22, 2019, the Court entered its judgment in favor of the

14

United States of America against Defendant Elsa Leticia Torres. ECF Nos. 28 and

15

29. The Court further ordered that “[a]fter the 10-day automatic stay of

16

proceedings to enforce a judgment, Plaintiff may present a motion for an order of

17

sale.” ECF No. 28 at p. 3. More than 10 days has passed since the entry of

18

Judgment in this matter. Accordingly, the United States now presents this Order of

19

Foreclosure Sale and to Vacate in accordance with the Court’s prior order.

20
21

Accordingly, IT IS HEREBY ORDERED that the United States’ Motion
for an Order of Foreclosure Sale and to Vacate, ECF No. 31, is GRANTED. The
ORDER OF SALE ~ 1

1

United States Marshal for the Eastern District of Washington, or his representative

2

(collectively, “Marshal”), is directed, in accordance with the judgment rendered in

3

the above-entitled cause, to sell the property situated in Yakima County,

4

Washington, more particularly described as follows:

5

REAL PROPERTY
Tract B of Short Plat recorded in Book M of Short
Plats, page 42, as recorded under Auditor’s File No.
2485900, records of Yakima County, Washington;
EXCEPT that portion thereof described as follows:
Beginning at the Northeast corner of Tract A of said
Short Plat; Thence 89°57’58” East, parallel to the
South line of said Tract B, 113.96 feet Thence South
0°10’43” East, parallel to the East line of said Tract B,
86.25 feet; Thence North 89°57’58” West, 11.23 feet,
to the Southeast corner of Tract A; Thence North
2°19’30” West, 86.32 feet to the point of beginning.
AND EXCEPT that portion of Tract B lying North of
the Roza Irrigation Canal District Canal.

6
7
8
9
10
11
12

Postal Address: 3273 Roza Drive, Yakima County,
Washington, 98953, Tax No. 201112-41402

13
14
15

(hereinafter collectively the “Property”).
You are commanded to provide notice of this Order to Defendant, and any

16

other resident of the Property by hand delivery or by leaving it in a prominent

17

location on the Property. You are further commanded to make return hereon, with

18

your doings thereon indicated, within sixty (60) days after this date.

19

1.

The terms of the Order of Sale shall be as follows:

20

a.

21

Washington or his representative will be authorized and directed

The United States Marshal for the Eastern District of

ORDER OF SALE ~ 2

1

under 28 U.S.C. §§ 2001 and 2002 to offer for public sale and to sell

2

the Property.

3

b.

4

access to the Property and to take all actions necessary to preserve the

5

Property, including, but not limited to, retaining a locksmith or other

6

person to change or install locks or other security devices on any part

7

of the property, until the deed to the Property is delivered to the

8

ultimate purchaser.

9

c.

The Marshal or his representative is authorized to have free

The sale of the real property and personal property shall be free

10

and clear any right, title, or interest of Defendant Elsa Leticia Torres,

11

except to the extent that Defendant has a right of redemption under

12

RCW § 6.23 or excess funds under RCW § 6.21. The redemption

13

period shall be 12 months.

14

d.

15

laws, ordinances, and governmental regulations (including building

16

and zoning ordinances) affecting the real and personal property; and

17

easements and restrictions of record, if any.

18

e.

19

the real property is located, on the real property’s premises, or at any

20

other place in accordance with the provisions of 28 U.S.C. §§ 2001

21

and 2002, and shall be announced in the Notice of Sale. The date and

The sale shall be subject to building lines, if established; all

The Sale shall be held at the courthouse of the county in which

ORDER OF SALE ~ 3

1

time for sale are to be announced by the United States Marshal, or

2

his/her representative, in the Notice of Sale.

3

f.

4

States Marshal, his/her representative in the Notice of Sale.

5

g.

6

four consecutive weeks before the sale in at least one newspaper

7

regularly issued and of general circulation in Yakima County, and, at

8

the discretion of the Marshal or his/her representative, by any other

9

notice deemed appropriate. The notice shall contain a description of

The date and time for sale are to be announced by the United

The Notice of Sale shall be published once a week for at least

10

the real property and personal property; the time, date, and location of

11

the sale as determined by the United States Marshal or his/her

12

representative; the minimum bid as determined by the Unites States;

13

and the terms and conditions of sale listed in subparagraphs i-o below.

14

h.

15

United States. If the minimum bid is not met or exceeded, the

16

Marshal or his/her representative, with concurrence of the United

17

States, may without further permission of this Court, and under the

18

terms and conditions in this order of sale, hold a new public sale, if

19

necessary, and reduce the minimum bid as set by the United States, or

20

sell to the highest bidder.

The minimum bid for the Real Property will be set by the

21
ORDER OF SALE ~ 4

1

i.

The successful bidder for the real property shall be required to

2

deposit at the time of the sale with the Marshal, or his/her

3

representative, a minimum of ten percent (10%) of the bid, with the

4

deposit to be made by certified or cashier’s check payable to the

5

United States District Court for the Eastern District of Washington, or

6

cash. Before being permitted to bid at the sale, bidders shall display

7

to the Marshal, or his/her representative, proof that they are able to

8

comply with this requirement. No bids will be received from any

9

person(s) who have not presented proof that, if they are the successful

10

bidder(s), they can make the deposit required by this order of sale.

11

j.

12

paid to the United States Marshal within twenty (20) days after the

13

date the bid is accepted, by a certified or cashier’s check payable to

14

the United States District Court for the Eastern District of

15

Washington. If the bidder fails to fulfill this requirement, the deposit

16

shall be forfeited and shall be applied to cover the expenses of the

17

sale, including commissions due under 28 U.S.C. § 1921(c), with any

18

amount remaining to be applied to the Judgment at issue herein. The

19

real property shall again be offered for sale under the terms and

20

conditions of this order of sale, or, in the alternative, sold to the

21

second highest bidder if consented to by the United States.

The balance of the purchase price for the real property is to be

ORDER OF SALE ~ 5

1

k.

The sale of the real property shall be subject to confirmation by

2

this Court. The Marshal shall file a report of sale with the Court,

3

together with a proposed order of confirmation of sale and proposed

4

deed, within thirty (30) days from the date of receipt of the balance of

5

the purchase price.

6

l.

7

deliver a deed of judicial sale conveying the real property to the

8

purchaser.

9

m.

On confirmation of the sale, the Marshal shall execute and

On confirmation of the sale, all interests in, liens against, or

10

claims to, the real property and appurtenances that are held or asserted

11

by all parties to this action are discharged and extinguished, except to

12

the extent that such Defendant has rights of redemption under RCW §

13

6.23.

14

n.

15

County, Washington, shall cause transfer of the real property and

16

appurtenances to be reflected upon that county’s register of title.

17

o.

18

2.

On confirmation of the sale, the recorder of deeds, Yakima

The sale shall be “as is” without warranty of any kind.

Order to Vacate Property.

19

a.

20

Defendants shall take all reasonable steps necessary to preserve the

21

real and personal property (including all buildings, improvements,

Until the real property and personal property is sold, all

ORDER OF SALE ~ 6

1

fixtures and appurtenances on the real property) in their current

2

condition including, without limitations, maintaining a fire and

3

casualty insurance policy. They shall neither commit waste against

4

the real property nor cause nor permit anyone else to do so. They

5

shall neither do anything that tends to reduce the value or

6

marketability of the real or personal property nor cause nor permit

7

anyone else to do so. They shall not record any instruments, publish

8

any notice, or take any other action (such as running newspaper

9

advertisements or posting signs) that may directly or indirectly tend to

10

adversely affect the value of the real property or that may tend to deter

11

or discourage potential bidders from participating in the public

12

auction, nor shall they cause or permit anyone else to do so.

13

b.

14

the real property permanently within ten (10) days of the date of this

15

Order, each taking with them his or her personal property (but leaving

16

all improvements, buildings, fixtures, and appurtenances to the real

17

property). If any person fails or refuses to leave and vacate the

18

property by the time specified in this Order, the United States

19

Marshal’s Office is authorized to take whatever action it deems

20

appropriate to remove such person from the premises. Specifically,

21

the United States Marshal (or his/her designee) is authorized and

All persons occupying the real property shall leave and vacate

ORDER OF SALE ~ 7

1

directed to take all reasonable actions necessary to enter the real

2

property at any time of the day or night and evict and eject all

3

unauthorized persons located there, including Defendants, or any

4

other occupants. To accomplish this and to otherwise enforce this

5

Order, the United States Marshal (or his/her designee) shall be

6

authorized to enter the real property and any and all structures and

7

vehicles located thereon, and to use force as reasonably necessary.

8

When the United States Marshal concludes that all unauthorized

9

persons have vacated, or been evicted from the property, he/she shall

10

relinquish possession and custody of the property to the United States,

11

or more specifically the FSA, or its designee. No person shall be

12

permitted to return to the property and/or remain thereon without the

13

express written authorization by the United States Marshal and/or the

14

FSA, and/or the United States Department of Justice, or their

15

respective representatives and/or designees. Unauthorized persons

16

who re-enter the real property during the time this order is in effect

17

may be ejected by the United States Marshal without further order of

18

the Court.

19

//

20

//

21

//
ORDER OF SALE ~ 8

1

c.

2

property from the real property by the time specified herein, the

3

personal property remaining on the real property thereafter is deemed

4

forfeited and abandoned, and the United States Marshal’s Office is

5

authorized to remove it and to dispose of it in any manner it deems

6

appropriate, including sale, in which case the proceeds of the sale are

7

to be applied first to the expenses of sale and the balance to be paid

8

into the Court for further distribution.

9

3.

If any person fails or refuses to remove his or her personal

Distribution of Proceeds.

10

a.

11

this Court and applied as far as they shall be sufficient to the

12

following items, in the order specified:

The proceeds arising from sale are to be paid to the Clerk of

13

1. To the United States for the costs of the sale, including the costs

14

and commissions of the United States Marshal and any

15

professional auctioneer if retained and the costs of advertising,

16

selling, and conveying the property incurred by the Government.

17

2. To the United States to be applied to the Judgment plus all

18

interest and costs due and owing thereon.

19

3. Any balance remaining after the above payments shall be held by

20

the Clerk’s Registry only to be disbursed whoever may be

21

lawfully entitled to such funds by further order of the Court.
ORDER OF SALE ~ 9

1

IT IS SO ORDERED. The District Court Clerk is directed to enter this

2

Order and provide copies to counsel, U.S. Marshal, and Finance Specialist Sheila

3

Parpolia.

4

DATED March 12, 2020.

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
ORDER OF SALE ~ 10

s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge