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United States v. Weldon

March 29, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LOWELL D. WELDON, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER FOR DEFAULT JUDGMENT, FORECLOSURE AND JUDICIAL SALE

(Docs. 39, 48)

Upon motion of Plaintiff the United States of America ("United States"), and for good cause shown, it is hereby ORDERED, pursuant to F.R.Civ. P. 55(b), that the United States Motion for Default Judgment is hereby GRANTED. It is further ORDERED, pursuant to the provisions of 28 U.S.C. §§ 2001 and 2002, and 26 U.S.C. §§ 7402 and 7403, that the following Order of Foreclosure and Judicial Sale should be, and hereby is, entered:

1. Defendant Lowell D. Weldon is indebted to the United States for unpaid assessment balances of federal taxes for tax years 1997 through 2003, plus interest and statutory additions accruing after the dates of assessment pursuant to 26 U.S.C. §§ 6601, 6621, and 6622, and 28 U.S.C. § 1961(c) until paid. The Court hereby orders the Clerk of Court to enter judgment against Defendant Lowell D. Weldon for his federal tax liabilities for all tax years from 1997 through 2003 in the amount of $105,990.57, plus interest and other statutory additions, as provided by law, that accrue after October 15, 2009, and until all liabilities are paid in full.

2. The Subject Property upon which foreclosure is sought include 5915 West Clinton Avenue, Fresno, CA 93722 ("Clinton property"); 2490 South Holloway Avenue, Fresno, CA 93725 ("Holloway property"); and 210 Oxford Avenue, Clovis, CA 93612 ("Oxford property").

The Clinton property is more particularly described as follows:

The east half of the north half of the west 303.50 feet of Lot 4, Vista Bonita Tract, according to the map thereof, recorded November 17, 1914, in Book 7, Page 52 of Plats, in the Office of the County Recorder of Fresno County.

The Oxford property is more particularly described as follows:

Lot 1 of Forest Park, in the City of Clovis, County of Fresno, State of California, according to the map thereof recorded in Book 13, page 61 of Plats, in the office of the County Recorder of said County.

The Holloway property is more particularly described as follows:

Lot 83 of Sequoia Village, Tract #1133, recorded in Plat book 14 page 91.

3. A duly authorized delegate of the Secretary of the Treasury has made the following assessments against Defendant Lowell D. Weldon:

Tax YearBalance Due as of October 15, 2009 1997$7,499.48 1998$15,005.02 1999$10,766.15 2000$19,649.39 2001$20,247.36 2002$17,341.09 2003$15,482.08 Total$105,990.57

4. The United States has valid and subsisting tax liens on all property and rights to property of Defendant Lowell D. Weldon, including the Subject Property, arising from the above-described assessments which tax ...


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