United States of America v. McHenry et al

Filing 27

ORDER granting Plaintiff's 26 Motion for Confirmation of Foreclosure Sale re 25 Order on Motion for Order for Foreclosure Sale. Signed by U.S. District Judge John C Coughenour.(TH)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 UNITED STATES OF AMERICA, 10 Plaintiff, v. 11 12 CASE NO. C16-0798-JCC ORDER ON PLAINTIFF’S MOTION TO CONFIRM FORECLOSURE SALE BLAIR ALLEN MCHENRY, et al., 13 Defendants. 14 15 This matter comes before the Court on Plaintiff’s motion to confirm the sale of real 16 property to satisfy a judgement (Dkt. No. 26). On June 5, 2015, the Court granted Plaintiff’s 17 unopposed motion for an order of foreclosure (Dkt. No. 25). Pursuant to the Court’s order, 18 Plaintiff was required to confirm the foreclosure sale by filing with the Court: (1) a report of 19 sale; (2) proposed order of confirmation of sale; and (3) proposed deed. Having reviewed 20 Plaintiff’s motion and attachments, the Court FINDS the following: 21 The record reflects that notice of the sale was duly given by posting and publishing in 22 the form and manner required by law, and that the real property so sold is more particularly 23 described as: 24 25 A tract of land situated in the Southwest quarter of the Northeast quarter and in the Northwest quarter of the Southeast quarter of Section 5, Township 39 North, Range 2 East of W.M., more particularly described as follows: 26 ORDER ON PLAINTIFF’S MOTION TO CONFIRM FORECLOSURE SALE PAGE - 1 1 2 3 4 5 6 Beginning at a quarter stake on the South line of Section 5, Township 39 North, Range 2 East of W.M.; thence North 3126 feet on the quarter line to a point 439 feet North of the center of said Section, which is the point of true beginning; thence South 480 feet on the quarter line to a point 41 feet South of the center of said Section; thence Easterly South 89°30’ East along the line of the 25 Year Old Fence a distance of 900 feet; thence North parallel to the West line of said quarter Section a distance of 500 feet; thence Westerly to the point of beginning. Except the North 230 feet thereof Except Enterprise Road 7 Situated in Whatcom County, Washington 8 9 10 (hereafter “the Real Property”). The record also reflects that on the date of the sale, all rights, title and interest of the 11 Defendants in and to the Real Property were sold by the United States Marshal to the United 12 States Department of Agriculture, Farm Service Agency; the United States Marshal properly 13 14 made and filed his Return and Report of Sale on September 8, 2017; the Defendants have all failed to appear and the Court has entered a Default Judgment against them; and, no objections 15 16 17 or exceptions were made or filed to the sale of the Real Property or the United States Marshal’s Return & Report thereof. 18 Accordingly, and in light of the remaining record, IT IS HEREBY ORDERED that: 19 1. The Plaintiff’s motion for order confirming foreclosure sale is GRANTED. 20 2. The Return and Report of the United States Marshal, and the Foreclosure Sale, are 21 in all respects approved and CONFIRMED. The Marshal shall execute and deliver the original 22 certificate of sale/purchase to the purchaser. 23 24 25 3. The United States Marshal, or his successor in office, shall EXECUTE and DELIVER a good and sufficient Deed of Conveyance of the foreclosed Real Property upon the 26 ORDER ON PLAINTIFF’S MOTION TO CONFIRM FORECLOSURE SALE PAGE - 2 1 2 3 4 5 expiration of the 12-month redemption period, absent a redemption, without the need for further order of the Court. The District Court Clerk is DIRECTED to enter this Order and provide copies to counsel. DATED this 19th day of September, 2017. 6 A 7 8 9 John C. Coughenour UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER ON PLAINTIFF’S MOTION TO CONFIRM FORECLOSURE SALE PAGE - 3

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