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LNV Corporation v. Hook

United States District Court, D. Colorado

April 5, 2019

LNV CORPORATION, Plaintiff,
v.
M. JULIA HOOK, an individual, THE PRUDENTIAL HOME MORTGAGE, INC., UNITED STATES OF AMERICA, SAINT LUKE'S LOFTS HOMEOWNER ASSOC. INC., DEBRA JOHNSON, in her official capacity as the Public Trustee of the City and County of Denver, Colorado, and DAVID L. SMITH, an individual, Defendants.

          ORDER OF FORECLOSURE AND JUDICIAL SALE

          RAYMOND P. MOORE, JUDGE

         Based 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 follows:

         1. This 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”).

         2. 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).)

         3. The 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.

         4. 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.

         5. This 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.

         6. Upon 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 purchaser(s).

         7. The 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 representative.
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 ...

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