The opinion of the court was delivered by: Sue E. Myerscough, U.S. District
Thursday, 16 June, 2011 06:10:54 PM
Clerk, U.S. District Court, ILCD
By order of the Court, United States Marshal Kenneth Bohac was appointed to sell property which is at issue in this case. See Default Judgment of Foreclosure (d/e 25). On June 15, 2011, the United States Marshal's Report of Sale was filed. See d/e 31 (the Report).
The Court has examined the Report and finds that the Marshal has proceeded in accordance with all relevant terms, and that the sale was fair. Furthermore, the Court finds:
1. A notice, as required under 735 ILCS § 5/15-1507(c), was given;
2. The terms of sale were fair and not unconscionable;
3. The sale was conducted fairly and without fraud;
4. Justice was done by the sale;
5. All redemption and reinstatement periods have expired without redemption or reinstatement having been made.
THEREFORE, it is ORDERED that:
A. The Report of Sale is approved;
B. The debt related to the property at issue, less the sale price of that property, results in a deficiency of $45,229.52 which is owed to the Plaintiff;
C. The U.S. Marshal will execute a deed to the holder of the Certificate of Sale at this time sufficient to convey title pursuant to 735 ILCS § 5/15-1509(a) and 28 U.S.C. § 2001;
D. The holder of the certificate of sale or deed issued pursuant to the Certificate shall be entitled to possession of the subject real estate on the 31st day after entry of this Opinion. In the event that possession is withheld on the 31st day after entry of this Opinion, the U.S. Marshal is directed to evict and ...