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United States v. Wight

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

July 9, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
MARJORIE A. WIGHT, et al., Defendant.

          ORDER OF SALE

          JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE

         The Court previously entered judgment following its order granting, in part, the United States' motion for summary judgment (Dkt. Nos. 43, 44). The Court's order and judgment vacated the transfer of real property between Defendants Marjorie A. Wight and Matthew J. Migel, ordered the foreclosure of tax liens on the property, and ordered that the property be sold to satisfy the tax liens upon the termination of Ms. Wight's life estate. (Id. at 5.) Now, having found that the United States has satisfied the conditions for foreclosing its tax liens pursuant to 26 U.S.C. § 7403, the Court enters this Order of Sale subject to Ms. Wight's life estate. The Order shall be held IN ABEYANCE during the life of Marjorie Wight, provided that she complies with the terms of her agreement with the United States.

         It is hereby ORDERED that the real property described below shall be sold pursuant to the Court's Judgment (Dkt. No. 44) according to the following terms:

         I. Identification of Property

         (1) The real property subject to this action is located at 15440 85th Avenue NE, Kenmore, Washington, 98028, (the “Property”) with a legal description of: LOT 9, MOORLAND LANES, ACCORDING TO PLAT RECORDED IN VOLUME 64 OF PLATS, PAGE 25, IN KING COUNTY, WASHINGTON.

         II. Authorization of Sale and Terms and Conditions of Sale

         (2) Pursuant to 28 U.S.C. §§ 2001 and 2002, the Court authorizes and directs the United States Marshal for the Western District of Washington, or his or her representative or Deputy (collectively, “Marshal”), or an officer of the Internal Revenue Service Property Appraisal and Liquidation Specialists (“IRS PALS”), to offer the Property for public sale and to sell the Property. The United States may choose either the Marshal or an IRS PALS to carry out the sale and to make the arrangements for any sale as set forth in this Order. References to “the Marshal or the IRS PALS” below shall be read to refer to whichever is conducting the sale.

         (3) The terms and conditions of the sale are as follows:

a. The sale of the Property shall be free and clear of the interests of Plaintiff, the United States; Defendants Marjorie A. Wight, the Estate of Vallene Furse, Wendy Wight, Matthew J. Migel, U.S. Bank N.A. N.D., and the King County Treasurer.
b. The sale shall be subject to building lines, if established, all laws, ordinances, and governmental regulations (including building and zoning ordinances) affecting the Property, and easements and restrictions of record, if any. No warranty of any kind is made regarding operation of the Property as commercial real estate.
c. The sale shall be held at the courthouse of the county or city in which the Property is located; on the premises of the Property; or at any other place in accordance with the provisions of 28 U.S.C. §§ 2001 and 2002. The place of the sale shall be determined in the discretion of the Marshal or the IRS PALS.
d. The date and time for the sale are to be announced by the Marshal or the IRS PALS.
e. The Marshal or the IRS PALS may, in their discretion, hold one or more open houses at the Property for viewing by potential bidders. Defendants shall not interfere in any way with an open house.
f. Notice of the sale shall be published once a week for at least four consecutive weeks before the sale in at least one newspaper regularly issued and of general circulation in King County, Washington. Furthermore, at the discretion of the Marshal or the IRS PALS, the sale may be advertised by any other means deemed appropriate, expressly including placement of a listing with a broker, provided that the fee for the advertisement is a flat sum and not a commission on the sale price. Each notice of the ...

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