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In re USA Commercial Mortgage Company, 3:07-CV-241-RCJ-GWF. (2018)

Court: District Court, D. Nevada Number: infdco20180221c88 Visitors: 15
Filed: Jan. 18, 2018
Latest Update: Jan. 18, 2018
Summary: ORDER ROBERT C. JONES , District Judge . REQUEST FOR STATUS CONFERENCE Tom Grimmett, formerly the Receiver in the above captioned matter (the "Receiver"), by and through his counsel of record, Marquis Aurbach Coffing, hereby submit his request for a status conference. The Court is well familiar with this case. The receiver was appointed to protect certain assets relating to the Brookmere loan. On December 21, 2016, the Court terminated the receivership and awarded the Receiver, Tom Grimm
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ORDER

REQUEST FOR STATUS CONFERENCE

Tom Grimmett, formerly the Receiver in the above captioned matter (the "Receiver"), by and through his counsel of record, Marquis Aurbach Coffing, hereby submit his request for a status conference.

The Court is well familiar with this case. The receiver was appointed to protect certain assets relating to the Brookmere loan. On December 21, 2016, the Court terminated the receivership and awarded the Receiver, Tom Grimmett, a lien against the various properties that were part of the receivership estate from which the Receiver was to be paid and ordered that the liabilities of the receivership estate be paid. QST represented that they intended to form a SPE to take title to the assets of the receivership estate.

At present, there is no indication that the SPE has been formed or has taken title. Mr. Grimmett also continues to receive delinquent tax notices. There is no indication that the taxes are being paid. Mr. Grimmett is aware of one parcel that has been sold. Attached as Exhibits 1, 2, and 3 is correspondence Mr. Grimmett's counsel has sent in an effort cause some action from the QST relating to the property. Exhibit 4 is notice indicating that one of the subject properties sold and that the right of redemption is set to shortly expire. Moreover, the liabilities of the receivership estate (which are substantial) have not been paid.

Based upon the foregoing, it is respectfully requested that the Court hold a hearing for Mr. Grimmett to apprise the Court of what has been ongoing, and so that the Court may inquire as to the statute of the SPE and the statute of payment of the liabilities associated with the terminated receivership.

Dated this 23rd day of October, 2017.

IT IS HEREBY ORDERED that the Motion for Status Hearing (ECF No. 2418) is GRANTED.

IT IS FURTHER ORDERED that a Status Conference is set for 09:00 AM, Monday, February 12, 2018, in LAS VEGAS COURTROOM 4B, before Judge Robert C. Jones.

IT IS SO ORDERED.

Exhibit 1

MARQUIS AURBACH COFFING July 28, 2017 Via Email lisa@lrasmussenlaw.com Lisa Rasmussen, Esq. Re: TAXES THAT MUST BE PAID ABSOLUTELY IMMEDIATELY Our File No. 10746-5 Dear Lisa:

Enclosed, find the updated real estate tax report showing the delinquent, forfeited real estate taxes for each parcel. The taxes on lot 6 and 7 have been sold and must be satisfied immediately. There are estimates of redemption which I have enclosed. You must pay the tax on lot 6 by August 4, 2017, in the amount of $37,227.71. If you do not pay by this date, the right to redeem will very likely expire.

Be advised that the receivership is terminated, and we are taking no action and this is on the direct lenders and you.

Sincerely, MARQUIS AURBACH COFFING Christian T. Balducci, Esq. CTB:cb Cc: Donna Cangelosi — via email: dcangelosi@gmail.com Enclosures: As Stated.

Exhibit 2

MARQUIS AURBACH COFFING September 6, 2017 Lisa Rasmussen, Esq. 601 South Tenth Street, Ste. 100 Las Vegas, NV 89101 Re: Brookmere Loan Case No. 2-07-cv-00892-RCJ-GWF Our File No. 10746-5 Dear Ms. Rasmussen:

Enclosed please find a notice of a tax sale for property from Brookmere/USA Capital. You will recall nearly eight months ago, we filed a motion to discharge the receivership in this case. At that time, you reprinted that you would be forming a single asset entity to take possession and control of these properties. To date, despite several requests from our office and reminders regarding the same, nothing has been done. As you know, the receiver is no longer responsible for paying any taxes. However, he is in the position of having recorded a receiver certificate that may be jeopardized by the failure to pay taxes.

Demand is respectfully made that you rectify this situation immediately. In this regard, please contact my office so that we may discuss.

Sincerely, MARQUIS AURBACH COFFING Terry A. Coffing, Esq. TAC:sm Enclosure: Notice cc: Tom Grimmett, Receiver TAX DEED NO. 2017COTD002927 FILED July 24, 2017 TAKE NOTICE County of Cook Date Premises Sold . . . August 4, 2015 Certificate No . . . 13-0004171 Sold for General Taxes of (year) . . . 2013 Sold for Special Assessment of (Municipality) and special assessment number . . . N/A Warrant No. N/A Inst. No. N/A

THIS PROPERTY HAS BEEN SOLD FOR DELINQUENT TAXES

Property located at . . . 5000 West 203rd Street, Matteson, Illinois.

Legal Description or Property Index No. . . 31-16-203-009-0000

This notice is to advise you that the above property has been sold for delinquent taxes and that the period of redemption from the sale will expire on December 15, 2017.

The amount to redeem is subject to increase at 6 month intervals from the date of sale and may be further increased if the purchaser at the tax sale or his or her assignee pays any subsequently accruing taxes or special assessments to redeem the property from subsequent forfeitures or tax sales. Check with the county clear as to the exact amount you owe before redeeming.

This notice is also to advise you that a petition has been filed for a tax deed which will transfer title and the right to possession of this property if redemption is not made on or before December 15, 2017.

This matter is set for hearing in the Circuit Court of this county in Chicago, Illinois on December 29, 2017 at 9:30 a.m. in Room 1704, Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602

You may be present at this hearing but your right to redeem will already have expired at that time.

YOU ARE URGED TO REDEEM IMMEDIATELY TO PREVENT LOSS OF PROPERTY

Redemption can be made at any time on or before December 15, 2017 by applying to the County Clerk of Cook, County, Illinois at the Office of the County Clerk in Chicago, Illinois.

For further information contact the County Clerk ADDRESS: 118 North Clark Street, Room 434, Chicago, Illinois 60602 TELEPHONE: (312) 603-5645.

Fair Deal of Illinois, Inc. Purchaser or Assignee. Dated August 25, 2017.

Exhibit 3

MARQUIS AURBACH COFFING September 19, 2017 Lisa Rasmussen, Esq. 601 South Tenth Street, Ste. 100 Las Vegas, NV 89101 Re: Brookmere Loan Case No. 2-07-cv-00892-RCJ-GWF Our File No. 10746-5 Dear Ms. Rasmussen:

Enclosed please find an invoice from Hoogendoorn & Talbot LLP regarding the above matter. You will recall nearly eight months ago, we filed a motion to discharge the receivership in this case. At that time, you represented that you would be forming a single asset entity to take possession and control of these properties. To date, despite several requests from our office and reminders regarding the same, nothing has been done. As you know, the receiver is no longer responsible for paying any invoices.

Demand is respectfully made that you rectify this situation immediately. In this regard, please contact my office so that we may discuss.

Sincerely, MARQUIS AURBACH COFFING Dictated but not read. Sent in Coffing's absence to avoid delay. Terry A. Coffing, Esq. TAC:sm Enclosure: Invoice cc: Tom Grimmett, Receiver

Exhibit 4

TAX DEED NO. 2017COTD002927 FILED July 24, 2017 TAKE NOTICE County of Cook Date Premises Sold. . . August 4, 2015 Certificate No. . .13-0004171 Sold for General Taxes of (year) . . . 2013 Sold for Special Assessment of (Municipality) and special assessment number . . . N/A Warrant No. N/A Inst. No. N/A

THIS PROPERTY HAS BEEN SOLD FOR DELINQUENT TAXES

Property located at . . . 5000 West 203rd Street, Matteson, Illinois.

Legal Description or Property Index No. . .31-16-203-009-0000

This notice is to advise you that the above property has been sold for delinquent taxes and that the period of redemption from the sale will expire on December 15, 2017.

The amount to redeem is subject to increase at 6 month intervals from the date of sale and may be further increased if the purchaser at the tax sale or his or her assignee pays any subsequently accruing taxes or special assessments to redeem the property from subsequent forfeitures or tax sales. Check with the county clerk as to the exact amount you owe before redeeming.

This notice is also to advise you that a petition has been filed for a tax deed which will transfer title and the right to possession of this property if redemption is not made on or before December 15, 2017.

This matter is set for hearing in the Circuit Court of this county in Chicago, Illinois on December 29, 2017 at 9:30 a.m. in Room 1704, Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602

You may be present at this hearing but your right to redeem will already have expired at that time.

YOU ARE URGED TO REDEEM IMMEDIATELY TO PREVENT LOSS OF PROPERTY

Redemption can be made at any time on or before December 15, 2017 by applying to the County Clerk of Cook, County, Illinois at the Office of the County Clerk in Chicago, Illinois.

For further information contact the County Clerk ADDRESS: 118 North Clark Street, Room 434, Chicago, Illinois 60602 TELEPHONE: (312) 603-5645.

____________________ MAIL TO THE FOLLOWING PERSONS: DOROTHY BROWN See Clerk's Rider Back of Page Clerk of the Circuit Court Dated August 25, 2017. TAX DEED NO. 2017COTD002927 FILED July 24, 2017 TAKE NOTICE County of Cook Date Premises Sold. . .August 4, 2015 Certificate No. . .13-0004171 Sold for General Taxes of (year). . .2013 Sold for Special Assessment of (Municipality) and special assessment number. . N/A Warrant No. N/A Inst. No. N/A

THIS PROPERTY HAS BEEN SOLD FOR DELINQUENT TAXES

Property located at . . . 5000 West 203rd Street, Matteson, Illinois.

Legal Description or Property Index No. . .31-16-203-009-0000

This notice is to advise you that the above property has been sold for delinquent taxes and that the period of redemption from the sale will expire on December 15, 2017.

The amount to redeem is subject to increase at 6 month intervals from the date of sale and may be further increased if the purchaser at the tax sale or his or her assignee pays any subsequently accruing taxes or special assessments to redeem the property from subsequent forfeitures or tax sales. Check with the county clerk as to the exact amount you owe before redeeming.

This notice is also to advise you that a petition has been filed for a tax deed which will transfer title and the right to possession of this property if redemption is not made on or before December 15, 2017.

This matter is set for hearing in the Circuit Court of this county in Chicago, Illinois on December 29, 2017 at 9:30 a.m. in Room 1704, Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602

You may be present at this hearing but your right to redeem will already have expired at that time.

YOU ARE URGED TO REDEEM IMMEDIATELY TO PREVENT LOSS OF PROPERTY

Redemption can be made at any time on or before December 15, 2017 by applying to the County Clerk of Cook, County, Illinois at the Office of the County Clerk in Chicago, Illinois.

For further information contact the County Clerk ADDRESS: 118 North Clark Street, Room 434, Chicago, Illinois 60602 TELEPHONE: (312) 603-5645.

_______________________________ MAIL TO THE FOLLOWING PERSONS: DOROTHY BROWN See Clerk's Rider Back of Page Clerk of the Circuit Court Dated August 25, 2017.
Source:  Leagle

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