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United States v. Albertson

United States District Court, D. Minnesota

August 31, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
PATRICIA ALBERTSON, ROBERT ALBERTSON, DAVID ALBERTSON, and OCWEN LOAN SERVICING, LLC, Defendants.

          ORDER OF SALE

          MICHAEL J. DAVIS, UNITED STATES DISTRICT JUDGE

         This Court entered a final judgment in this action on August 31, 2017 [Docket No. 41], in favor of plaintiff United States and against defendants Robert and Patricia Albertson for unpaid federal income tax liabilities. The judgment also ordered that the federal tax liens associated with those liabilities be enforced with a judicial sale of the land, along with all improvements, buildings, and appurtenances thereon, now known as and numbered 4701 West Branch Road, Mound, Minnesota (the “Property”), which is owned by defendant David Albertson, who holds partial title in the Property as the nominee of Robert and Patricia Albertson, and that the proceeds of sale be distributed as set forth in the Court's final judgment. The real property is more fully described as follows:

         Lot 1, Block 1, West Branch Acres, Hennepin County, Minnesota Hennepin County Property Identification Number: 07-117-23-22-0016

         The Court now ORDERS that the Property shall be sold, pursuant to 26 U.S.C. § 7403(c) and 28 U.S.C. §§ 2001 and 2002, in order to collect the unpaid federal tax liabilities as follows:

         1. The Internal Revenue Service (“IRS”) Property Appraisal and Liquidation Specialists (“PALS”) are authorized to offer for public sale and to sell the Property.

         2. Terms and Conditions:

         The terms and conditions of the sale are set forth below.

         a. The sale of the Property shall be by public auction to the highest bidder, free and clear of all rights, titles, claims, liens, and interests of all parties to this action, including the plaintiff United States and the defendants Robert Albertson, Patricia Albertson, David Albertson, and any successors in interest or transferees of those parties.

         b. The sale shall be subject to building lines, if established, all laws, ordinances, and governmental regulations (including building and zoning ordinances) affecting the Property, and easements, restrictions, and reservations of record, if any.

         Sale Location

         c. The sale shall be held either at the courthouse of the county or city in which the Property is located or on the Property's premises.

         Notice of Sale

         d. The PALS shall announce the date and time for sale.

         e. Notice of the sale shall be published once a week for at least four consecutive weeks before the sale in at least one newspaper regularly issued and of general circulation in Hennepin County and, at the discretion of the PALS, by any other notice or advertisement that the PALS deems appropriate. The notice of the sale shall contain an adequate description of the Property but need not contain the ...


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