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BANK OF NEW YORK v. DAVIS

United States District Court, Northern District of Illinois


September 2, 2003

THE BANK OF NEW YORK, TRUST U/A DTD 12-01-01, (EQCC TRUST 2001-2) PLAINTIFF VS. HERMAN DAVIS, SHEILA HUBBARD AND FIRST UNION NATIONAL BANK OF DELAWARE, DEFENDANT

The opinion of the court was delivered by: James Holderman, District Judge

ORDER APPROVING REPORT OF SALE AND DISTRIBUTION AND ORDER FOR POSSESSION
This cause coming to be heard on Plaintiff's motion for the entry of an order approving the Report of Sale and Distribution filed by the duly appointed Special Commissioner of this Court.

The court having examined said report finds that the Special Commissioner has in every respect proceeded in accordance with the terms of this Court's Decree and that said sale was fairly and properly made, and that the proceeds derived therefrom were properly distributed but were not sufficient to pay in full the amount due Plaintiff leaving a deficiency of $61,592.31.

IT IS ORDERED that the sale of the premises involved herein by said commissioner, the distribution by him of the proceeds of sale, issuance of the Commissioner's Certificate of Sale and his Report of Sale and Distribution of proceeds of said sale, be and the same is hereby approved and confirmed.

IT IS FURTHER ORDERED that the Plaintiff have an In Rem Deficiency Judgment in the amount of $61,592.31.

IT IS FURTHER ORDERED that the United States Marshall and/or Sheriff of Cook County remove from possession of the premises commonly known as 3260 W. Fulton, Chicago, IL 60624 the defendants, Sheila Hubbard and Herman Davis, and that he put the plaintiff/bidder or their nominee into full and complete possession thereof. The eviction shall not be held until 31 days after the date of this order.

IT IS FURTHER ORDERED that the Deed to be issued hereunder is a transaction that is exempt from all transfer taxes, either state or local, and the County Recorder of Deeds is ordered to permit immediate recordation of the Judicial Deed issued hereunder without any exemption stamps. Page 1

20030902

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