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United States v. Hillyard

March 8, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TAMATHA HILLYARD, WYOMING COUNTY COMMUNITY ACTION, INC., WYOMING COUNTY DEPARTMENT OF SOCIAL SERVICES, ASHLEY HILLYARD DEFENDANTS.



The opinion of the court was delivered by: Honorable William M. Skretny United States District Judge

JUDGMENT OF FORECLOSURE AND SALE

On the original Summons and duly Verified Complaint and Notice of Pendency, all filed in the office of the Clerk of this Court, and upon due proof of service upon each of the defendants in this action, and upon the Affidavit of Gerald N. Murphy, sworn to on January 25, 2006, by all of which it appears to the satisfaction of this Court that the plaintiff is in all respects entitled to a default judgment pursuant to Rule 55 of the Federal Rules of Civil Procedure and Section 1321 of the New York Real Property Actions and Proceedings Law, now, upon the motion of the United States of America, it is

HEREBY ORDERED, ADJUDGED AND DECREED, as follows:

That the mortgaged premises described in the Complaint, as hereinafter set forth, being more commonly known as, 156 Brooklyn Street, Warsaw, New York, a parcel of land improved with a single family home, be sold in and as one parcel, as a sale in one parcel will be most beneficial to the interests of the parties;

That the sale be conducted at public auction at the Lobby of the Courthouse, located at 147 N. Main Street, Warsaw, New York, by and under the direction of Peter A. Lawrence, United States Marshal for the Western District of New York, who is hereby directed to make the sale of said premises.

The United States Marshal shall give public notice of the time and place of sale as follows:

That he cause to be sent by mail, a copy of the Notice of Sale by depositing the same in a prepaid wrapper addressed to:

Tamatha Hillyard 156 Brooklyn Street Warsaw, New York 14569 Wyoming County Community Action, Inc. 6470 Route 20A - Suite 1 Perry, New York 14530 David H. Nelson, Esq. Attorney for the Wyoming County Department of Social Services 11 Exchange Street Attica, New York 14011-0238 Ashley Hillyard 156 Brooklyn Street Warsaw, New York 14569

That he post copies of the Notice of Sale in three (3) conspicuous public places in Wyoming County, New York, where the premises are located;

That he cause the Notice to be published once weekly for four consecutive weeks in the Batavia Daily News (WYOMING COUNTY EDITION), a newspaper of general circulation published in Wyoming County, where the mortgaged premises are located. The Notice need not contain the full legal description of the property as set forth in Schedule A, but may refer to the property as 156 Brooklyn Street, Warsaw, New York.

The plaintiff or any other party to this action may become a purchaser on such sale. The United States Marshal shall execute to the purchaser on such sale a deed of the premises sold and upon receiving the proceeds of sale, forthwith pay the following items:

FIRST, his fees and commissions on the said sale not exceeding, however, the sum of $300.00;

SECOND, advertising expenses as shown on bills to be specified in his Report of Sale;

THIRD, the sum of $645.00 hereby adjudged to constitute plaintiff's costs in this action, with interest thereon from the date hereof and the sum of $77,593.26, with interest thereon from 1/23/2006, the amount owing to the Plaintiff and secured by the mortgage which is the subject of this action, or so ...


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