United States District Court, D. Colorado
ORDER OF FORECLOSURE AND JUDICIAL SALE
RAYMOND P. MOORE, JUDGE
on the findings, conclusions, and orders issued in the
Court's previous Orders (ECF Nos. 301, 303, 320, 404,
436) (collectively, “Orders”), the Court enters
this Order of Foreclosure and Judicial Sale pursuant to the
provisions of 28 U.S.C. §§ 2001 & 2002.
In accordance with the foregoing, the Court hereby ORDERS as
Order of Foreclosure and Judicial Sale pertains to a parcel
of real property and improvements located in the City and
County of Denver, State of Colorado, and more particularly
described as Lot 1, Block 1, Crestmoor Park, City and County
of Denver, State of Colorado, commonly known as 5800 East 6th
Avenue, Denver, Colorado 80220 (the “Property”).
Plaintiff LNV Corporation (“LNV”) has a valid
first priority lien on the Property, arising from the Deed of
Trust dated May 8, 2002 and recorded on May 16, 2002 in the
real property records of the City and County of Denver, State
of Colorado, under Reception No. 2002090105 (the “Deed
of Trust”). (See Orders dated March 13, 2017
(ECF No. 301); March 14, 2017 (ECF No. 303); June 28, 2017
(ECF No. 320); and June 21, 2018 (ECF No. 404).)
United States has valid federal tax liens against Defendants
M. Julia Hook and David L. Smith (“Hook and
Smith”) as set forth in the Court's March 14, 2017
Order (ECF No. 303), which are second in priority to
LNV's Deed of Trust against the Property.
Pursuant to this Court's Orders, the Deed of Trust is to
be foreclosed under 28 U.S.C. §§ 2001 and 2002 and
in accordance with this Order of Foreclosure and Judicial
Sale. The United States Marshal, or his or her
representative, is authorized and directed under 28 U.S.C.
§§ 2001 and 2002 to offer for public sale
and to sell the Property free and clear of all right, title,
lien, claim, and interest in or to the Property.
Order of Foreclosure and Judicial Sale shall act as a special
writ of execution and no further orders or process from the
Court shall be required.
entry of this Order of Foreclosure and Judicial Sale, the
United States Marshal, or his or her representative, is
authorized to have free access to the Property and to take
all actions necessary to preserve the Property, including,
without limitation, retaining a locksmith or other person to
change or install locks or other security devices on any part
thereof, until a deed thereto is delivered to the ultimate
terms and conditions of the sale are as follows:
a. Except as otherwise stated herein, the sale of the
Property shall be by public auction to the highest bidder,
free and clear of all right, title, lien, claim, and interest
in or to the Property, including, but not limited to, all
parties to this action. The United States Marshal (sometimes
referred to herein as “Marshal”), or his or her
representative, shall sell the Property and any personal
property (as set forth in Paragraph 9) “AS IS, ”
without any warranties, general or implied.
b. The sale shall be subject to all laws, ordinances, and
governmental regulations (including building and zoning
ordinances) affecting the premises, and easements and
restrictions of record, if any.
c. The sale shall be held at the United States District Court
for the District of Colorado, on the Property's premises,
or at any other place in accordance with the provisions of 28
U.S.C. §§ 2001 and 2002, at a date and time
announced by the United States Marshal, or his or her
d. Notice of the sale shall be published once a week for at
least four consecutive weeks before the date fixed for the
sale in at least one newspaper regularly issued and of
general circulation in the City and County of Denver,
Colorado, and, at the discretion of the Marshal, or his or
her representative, by any other notice that it may deem
appropriate. State or local law notice requirements for
foreclosures or execution sales do not apply to this sale
under federal law, and state or local law regarding
redemption rights do not apply to this sale. The notice of
sale shall describe the Property and shall contain the
material terms and conditions of sale in this Order of
Foreclosure and Judicial Sale.
e. The minimum bid will be set by LNV as a credit bid on the
amounts owed LNV as set forth in the Court's Orders of
June 28, 2017 (ECF No. 320), June 21, 2018 (ECF No. 404), and
March 5, 2019 (ECF No. 436) (collectively, the “Money
Judgment”). LNV is authorized ...