Opinion
CV00-0486-N-EJL
April 17, 2002
THOMAS E. MOSS, United States Attorney District of Idaho, Boise, Idaho, DAVID CHENG, Washington D.C. Bar # 469316, Trial Attorney, Tax Division U.S. Department of Justice, Washington, D.C., Attorneys for the United States of America
ORDER
Pending before the Court is the United States' Motion for Order Allowing the Internal Revenue Service to Sell Real Property and Amending the Terms and Conditions of the Sale. Having considered the motion and for good cause shown, the Court ORDERS that the motion is GRANTED.
Accordingly, IT IS HEREBY ORDERED that the Internal Revenue Service substitutes for the United States Marshal in its entirety for the enforcement of the Judgment and Order of Foreclosure dated August 7, 2001, in the above-captioned case. Among other things, the Internal Revenue Service, rather than the United States Marshal, will conduct the sale of the real property described in Judgment and Order of Foreclosure dated August 7, 2001, and commonly known as 1537 E. Gilbert, Cocur d'Alene, Idaho.
IT IS FURTHER ORDERED that paragraph 4(h) of the Judgment and Order of Foreclosure dated August 7, 2001 is amended. Specifically, the balance of the purchase price for the subject property is to be paid by the successful bidder within thirty (30) days following the date of the acceptance of the bid, rather than sixty (60) days. Further, in the event that the bidder defaults, the deposit shall be forfeited and applied to cover the expenses of the sale, with arty amount remaining to be applied to the income tax liabilities of Gordon L. Ormesher at issue herein.