United States District Court, D. Kansas
ORDER CONFIRMING UNITED STATES MARSHAL'S SALE OF
REAL AND PERSONAL PROPERTY
A. ROBINSON, CHIEF JUDGE UNITED STATES DISTRICT JUDGE
matter is before the Court for decision on Plaintiff's
Motion for Order Confirming United States Marshal's Sale
of Real and Personal Property in the above-entitled case. The
United States of America appears by Stephen R. McAllister,
United States Attorney for the District of Kansas, and Robin
R. Anderson, Assistant United States Attorney. There are no
Court, having examined the file and pleadings in this case,
finds the following.
United States of America obtained an in rem judgment
of foreclosure as to certain real and personal property and
an in personam judgment against Defendant Darren
Joseph Weber and an in rem judgment against
Defendants Joseph Waldman, Don Rietcheck, d/b/a Truck Clinic,
and Elmer Zimmerman, d/b/a Zimmerman Repair, in the
above-captioned action on October 10, 2018 (Doc. 10).
subject real estate is located in Gove County, Kansas,
described as follows:
East Half of the East Half (E/2 E/2) of Section Twenty-four
(24), Township Twelve (12) South, Range Twenty-eight (28)
West of the 6th P.M., Gove County, Kansas.
personal property that was sold with the real estate consists
of all fixtures, including four grain bins and all grain bin
subject real and personal property was sold by the Office of
the United States Marshal on December 21, 2018, to Doug
Zimmerman for the sum of $175, 656.90, and the funds have
been receipted by the Clerk of the District Court, District
of Kansas, pursuant to the order of this Court.
bid was the highest and best bid at the sale and the price is
a fair and equitable price for the property.
proceedings of the United States Marshal under the Order of
United States Marshal's Sale are regular and in
conformity with law and equity and the orders of this Court
and should be confirmed in all respects.
United States Marshal's Sale is subject to a three (3)
month redemption period from the date of sale pursuant to the
provisions of K.S.A. § 60-2414(m).
United States Marshal for the District of Kansas should make
and execute a Certificate of Purchase to the purchaser of
this real property.
expiration of the redemption period granted to Defendants,
without redemption, the United States Marshal for the
District of Kansas shall issue a good and sufficient United
States Marshal's Deed for the real property to the holder
of the Certificate of Purchase if the subject property has
not been redeemed.
Should the grantee named in the United States Marshal's
Deed or the grantee's assigns be denied possession of the
real and personal property and, upon proper application of
the grantee or assigns, a Writ of Assistance shall issue out
of this Court to the United States Marshal for the District
of Kansas, ordering and directing the United States Marshal
to place the grantee or assigns in ...