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United States v. McHenry

United States District Court, W.D. Washington, Seattle

June 5, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
BLAIR ALLEN MCHENRY, et al., Defendants.

          ORDER OF FORECLOSURE SALE

          JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE

         This matter comes before the Court on the Government's unopposed motion for an order of foreclosure sale (Dkt. No. 24). The Court ORDERS Jacob Green, Acting United States Marshal for the Western District of Washington (and his successor(s) in office), as follows:

         In accordance with the order granting the Government's motion for default judgment, (Dkt. No. 21) and final judgment (Dkt. No. 22) entered in this case, you shall sell the property located in Whatcom County, Washington, more particularly described as:

A tract of land situated in the Southwest quarter of the Northeast quarter and in the Northwest quarter of the Southeast quarter of Section 5, Township 39 North, Range 2 East of W.M., more particularly described as follows:
Beginning at a quarter stake on the South line of Section 5, Township 39 North, Range 2 East of W.M.; thence North 3126 feet on the quarter line to a point 439 feet North of the center of said Section, which is the point of true beginning; thence South 480 feet on the quarter line to a point 41 feet South of the center of said Section; thence Easterly South 89°30' East along the line of the 25 Year Old Fence a distance of 900 feet; thence North parallel to the West line of said quarter Section a distance of 500 feet; thence Westerly to the point of beginning. Except the North 230 feet thereof
Except Enterprise Road
Situated in Whatcom County, Washington.
(hereinafter the Real Property).

         You shall also provide notice of this Order of Foreclosure Sale to Defendants Blair Allen McHenry, Barbara McLeod, and Susan Kane-Ronning, and to any other resident(s) of the Real Property by hand delivery or by leaving a copy of it in a prominent location on the Real Property.

         Further, you shall file your Return of this Order of Foreclosure Sale within ninety (90) days after the date of this Order, reporting the actions you have taken under this Order.

         1. The terms of the sale of the Property shall be as follows:

a. The sale of the Real Property shall be free and clear of the interest of Defendants Blair Allen McHenry, Susan Kane-Ronning, and Barbara McLeod, except to the extent that Defendant Blair Allen McHenry has a right of redemption under Washington Revised Code chapter 6.23 or excess funds under Washington Revised Code chapter 6.21. The redemption period shall be 12 months.
b. The sale shall be subject to building lines, if established; all laws, ordinances, and governmental regulations (including building and zoning ordinances) affecting the Real Property; and easements and restrictions of record, if any.
c. The sale shall be held at the courthouse of the county in which the Real Property is located, on the Real Property's premises, or at any other place in accordance with the provisions of 28 U.S.C. ยงยง 2001 and 2002 and shall be announced in the Notice of Sale. The date and time for sale are to be announced ...

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