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United States v. Barker

United States District Court, E.D. California

September 9, 2019

United States of America, Plaintiff,
v.
Randy Kent Barker; Carl Hans; Newport Capital Recovery Group II; Builders Supply; Canyon Oaks Property Owners Association, Inc.; and Butte County Treasurer; Defendants.

          RICHARD E. ZUCKERMAN Principal Deputy Assistant Attorney General

          CHRISTIAN MEJIA Trial Attorneys, Tax Division U.S. Department of Justice P.O. Box 683 McGregor w. scott United States Attorney Eastern District of California Attorneys for the United States of America

          [PROPOSED]ORDER OF FORECLOSURE AND JUDICIAL SALE

         This Order of Foreclosure and Judicial Sale ("Order of Sale") is entered under 26 U.S.C. §§ 7402 and 7403 and 28 U.S.C. §§ 2001 and 2002. The Court hereby ORDERS as follows:

         1. This Order of Sale applies to real property located at 3357 Summit Ridge Terrace, Chico, CA 95928, APN 018-590-026, in the County of Butte ("Subject Property"). The Subject Property is more particularly described as follows:

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         2. On June 11, 2019, the Court entered an Order adopting the magistrate judge's findings and recommendations issued on December 12, 2018 (ECF No. 70). ECF No. 84. The Court ordered as follows:

a. Defendant Randy K. Barker is indebted to the United States of America in the amount of $1, 849, 353.46 as of May 7, 2018, less any subsequent payments or credits, plus interest and other statutory additions under 26 U.S.C. §§ 6601, 6621, and 6622, and 28 U.S.C. § 1961(c)(1) until the judgment is fully paid.
b. The United States has valid tax liens against Randy K. Barker's property and rights to property, including the Subject Property.
c. The United States is permitted to foreclose its liens upon the Subject Property.
d. Defendants Carl Hans, Builders Supply, and Newport Capital Recovery Group II have no claim or interest in the Subject Property, or any proceeds from the sale therefrom.

         3. Accordingly, the United States' federal tax liens against the Subject Property are hereby foreclosed. The United States Marshal, his/her representative, or an Internal Revenue Service Property Appraisal and Liquidation Specialist ("PALS") representative is authorized and directed under 28 U.S.C. §§ 2001 and 2002 to offer for public sale and to sell the Subject Property free and clear of the right, title, and interest of all parties to this action and any successors in interest or transferees of those parties. The United States may choose either the United States Marshal or a PALS representative to carry out the sale under this Order of Sale and shall make the arrangements for any sale as set forth in this Order. This Order of Sale shall act as a special writ of execution and no further orders or process from the Court shall be required.

         4. The United States Marshal, his/her representative, or a PALS representative is authorized to have free access to the Subject Property and to take all actions necessary to preserve the Subject Property, including, without limitation, retaining a locksmith or other person to change or install locks or other security devices on any part thereof, until a deed thereto is delivered to the ultimate purchaser(s).

         5. The terms and conditions of the sale are as follows:

a. Except as otherwise stated herein, the sale of the Subject Property shall be by public auction to the highest bidder, free and ...

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