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United States v. Clark

United States District Court, D. Nevada

June 3, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DOUGLAS H. CLARK, et al. Defendants.

          ORDER OF FORECLOSURE AND JUDICIAL SALE

          JENNIFER A. DORSEY, UNITED STATES DISTRICT JUDGE

         Pursuant to 26 U.S.C. §§7402 and 7403, the Court hereby ORDERS as follows:

         1. The United States has a valid, perfected, and subsisting tax liens that attach to the real property located (REAL PROPERTY) at 2985 S. Tenaya Way, Las Vegas, NV, 89117, Assessors Parcel No. 163-10-304-008 and more particularly described as follows:

PARCEL MAP FILE 10 PAGE 2 LOT 4 & VAC RD SEC 10 TWP 21 RNG 60

         2. Pursuant to 28 U.S.C. § 7403(c), the United States is entitled to a decree of sale of the REAL PROPERTY to enforce its tax liens with proceeds to be applied to unpaid tax liabilities of Defendant DOUGLAS H. CLARK, A PROFESSIONAL CORPORATION.

         3. The United States' federal tax liens against the REAL 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 to offer for public sale and to sell the REAL 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 Foreclosure and Judicial Sale and shall make the arrangements for any sales as set forth in this Order. This Order of Foreclosure and Judicial 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 REAL PROPERTY and to take all actions necessary to preserve the REAL 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 REAL PROPERTY shall be by public auction to the highest bidder, free and clear of all liens and interests, with the proceeds of such sale to be deposited with the Court in accordance with paragraph 9, below.
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 United States District Court for the District of Nevada, on the REAL PROPERTY's premises, or at any other place in accordance with the provisions of 28 U.S.C. §§ 2001 and 2002, at a date and time announced by the United States Marshal, his/her representative, or a PALS representative.
d. Notice of the sale shall be published once a week for at least four consecutive weeks before the date fixed for the sale in at least one newspaper regularly issued and of general circulation in Clark County, Nevada, and, at the discretion of the Marshal, his/her representative, or a PALS representative, by any other notice that it or its representative may deem appropriate. State or local law notice requirements for foreclosures or execution sales do not apply to the sale under federal law, and state or local law regarding redemption rights do not apply to this sale. The notice or notices of sale shall describe the REAL PROPERTY and shall contain the material terms and conditions of sale in this Order of Foreclosure and Sale.
e. The minimum bid will be set by the Internal Revenue Service. If the minimum bid is not met or exceeded, the Marshal, his/her representative, or a PALS representative may, without further permission of this Court, and under the terms and conditions in this Order of Foreclosure and Judicial Sale, hold new public sales, if necessary, and reduce the minimum bid or sell to the highest bidder.
f. Bidders shall be required to deposit, at the time of sale with the Marshal, his/her representative, or a PALS representative, a minimum of 10 percent of the bid, with the deposit to be made by a certified or cashier's check payable to the United States District Court for the District of Nevada. Before being permitted to bid at the sale, bidders shall display to the Marshal, his/her ...

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