C-III Asset Management LLC v. Esquire Development LLC

Filing 62

DEFICIENCY JUDGMENT in favor of VFC 23 Esquire Corporation against Esquire Development LLC in the amount of $ 1,352,170.02. Sheriff's foreclosure sales confirmed; receiver discharged. (WMC / PAO). (krj)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WISCONSIN

VFC 23 ESQUIRE CORPORATION,
Plaintiff,
Case No. II-CV-739

v.
ESQUIRE DEVELOPMENT LLC,
Defendant.

ORDER CONFIRMING SHERIFF'S FORECLOSURE
SALES,
ORDERING DEFICIENCY JUDGMENT, AND DISCHARGING RECEIVER

Plaintiff VFC 23 Esquire Corporation, having obtained a Default Foreclosure Judgment
dated January 15, 2013 in its favor;
PlaintiffVFC

23 Esquire Corporation, having filed a motion for confIrmation of

sheriffs' sales, having submitted the sheriffs' reports of sale and proofs ofpublication;
Plaintiff VFC 23 Esquire Corporation, having provided timely notice of the hearing on
its motion via certifIed mail, return receipt requested;
Therefore, IT IS HEREBY ORDERD AND ADJUDGED that:
I.

The sheriffs' sales of the six mortgaged properties are confmned as fair and

reasonable.
2.

The Clerk of Court is hereby ordered to deliver the Sheriffs' Deeds of

Foreclosure for Parcels A, C, D, E, and F to Plaintiffs attorney.
3.

Third-party bidder, JBRC Investments, Ltd. is ordered to pay Plaintiffs

attorney

the remainder of the purchase price for Parcel B (the sum of $180,090.00). Upon receipt of
payment, Plaintiff shall release the Sheriffs Deed for Parcel B to SBRC Investments, Ltd.
4.

In the event that third-party bidder JBRC Investments, Ltd. does not timely and

completely make payment of $130,090.00 to Plaintiff on or before ten (\0) business days from

the date of this Order, the bid deposit of$20,010.00

will be forfeited pursuant to Wisconsin

Statute Section 846.17 and paid to Plaintiff.
5.

A deficiency money judgment in the amount of$ $1,352,170.02 shall be entered

in favor of Plaintiff and against Defendant Esquire Development LLC.
6.

The account of the Receiver is approved, and the Receiver is discharged from

further duties in this matter.

I

Dated this ~ay

of

/t7.CJ..i./'d..

,2014.
BY THE COURT:

i m M. Conley
D' tr t Judge

Judgment entered this

('Z.f1.,day of March, 2014.

0-i--JA.-- O~
Peter Oppeneer, Cle'l"kOfCOUrt

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