Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Ochescu

United States District Court, D. Nevada

April 27, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
CONSTANTIN OCHESCU, et al., Defendants.

          ORDER FOR SALE

          ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

         I entered judgment in favor of the United States and ordered foreclosure of the United States' federal tax lien against certain real property. This Order of Foreclosure and Judicial Sale is entered pursuant to the provisions of 28 U.S.C. §§ 2001, 2002, and 3201 and 26 U.S.C. §§ 7402 and 7403.1 hereby order as follows:

         1. On April 27, 2018, 1 entered Judgment in favor of the United States and against defendants Constantin Ochescu and Liliana Cosma. ECF No. 47.

         2. The real property at issue (the "Property"), upon which the United States is entitled to foreclose its tax liens is a single family home located at 8064 Cetus Circle, Las Vegas, NV 89128, and is more particularly described as follows:

LOT ELEVEN (11) IN BLOCK ONE (1) OF CIMARRON RIDGE UNIT 1, AS SHOWN BY MAP THEREOF ON FILE IN BOOK 57 OF PLATS, PAGE 65 IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA

         3. The United States has a valid and subsisting federal tax lien based on Mr. Ochescu's unpaid federal income tax liabilities for the 2002-1009 and 2011 tax years against all property and rights to property belonging to Mr. Ochescu, including but not limited to the Property.

         4. Section 7403 of Title 26 (U.S.C.) entitles the United States to enforce its lien against the Property in order to apply the proceeds towards Mr. Ochescu's liabilities.

         5. The United States' federal tax lien against the Property is hereby foreclosed. The United States Marshal for the District of Nevada, 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 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.

         6. 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 the 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.

         7. The United States Marshal for the District of Nevada, his/her representative, or a PALS representative is authorized to have free access to the Property and to take all actions necessary to preserve the 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).

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

a. Except as otherwise stated herein, the sale shall be by public auction to the highest bidder(s), free and clear of all liens and interests.
b. The sale shall be subject to all laws, ordinances, and governmental regulations (including building and zoning ordinances), affecting the premises, and easements and restrictions of record, if any.
c. The sale shall be held at the Clark County Courthouse, on the Property premises, or at any other place in accordance with the provisions of 28 U.S.C. ยงยง 2001 and 2002, at a date and time announced by the United States ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.