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Deutsche Bank Trust Company Americas v. Boliard

United States District Court, C.D. Illinois

October 28, 2016

DEUTSCHE BANK TRUST COMPANY AMERICAS AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF SAXON ASSET SECURITIES TRUST 2005-3 MORTGAGE LOAN ASSET BACKED NOTES, SERIES 2005-3, Plaintiff,
v.
TERRY L. BOLIARD, UNITED STATES INTERNAL REVENUE SERVICE, and VICKIE M. BOLIARD, Defendants.

          OPINION CONFIRMING SALE

          SUE E. MYERSCOUGH, U.S. DISTRICT JUDGE.

         Before the Court is Plaintiff's Motion for Order Approving the Report of Sale and Distribution and Granting Possession and for a Personal Deficiency Judgment (d/e 22). This Court entered a Judgment of Foreclosure for the property 882 North 1700 East Road, Owaneco, Illinois 62555 on April 2, 2013 (d/e 13). The Court appointed the U.S. Marshal to sell the property. The U.S. Marshal reports that the property has been sold in accordance with terms previously set forth by the Court. The Court, having reviewed the relevant materials, finds as follows:

1. The common address and legal description of the real estate at issue:
882 North 1700 East Road, Owaneco, Illinois 62555
THE SOUTHWEST QUARTER (SW ¼) OF THE NORTHWEST QUARTER (NW ¼) OF THE NORTHWEST QUARTER (NW ¼), EXCEPT THE SOUTH 250 FEET OF THE WEST 261.36 FEET THEREOF, IN SECTION 21, TOWNSHIP 12 NORTH, RANGE 1 WEST OF THIRD PRINCIPAL MERIDIAN, CHRISTIAN COUNTY, ILLINOIS
Document No. 2005R03768
2. A notice required in accordance with 735 ILCS 5/15-1507(c) and 28 U.S.C. § 2002 was given;
3. The terms of sale were fair and not unconscionable;
4. The sale was conducted fairly and without fraud;
5. Justice was done by the sale;
6. All redemption and reinstatement periods have expired without redemption or reinstatement having been made; and
7. This Court obtained personal jurisdiction over Terry L. Boliard, who is personally liable to Plaintiff for the deficiency from the sale.
8. The total amount due by Defendants under judgment is $111, 055.42.
9. Defendants additionally owe $26, 264.68 in interest from date of judgment, $1550.00 in attorney's fees, $731.00 in foreclosure expenses, $733.00 in publication costs, $1, ...

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