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Montana v. Real Property Located at 6350 W. Montana Highway 200 with all improvements and fixtures thereon, CV 15-74-H-CCL. (2018)

Court: District Court, D. Montana Number: infdco20180817f27 Visitors: 1
Filed: Aug. 16, 2018
Latest Update: Aug. 16, 2018
Summary: ORDER FOR DEPOSIT OF FUNDS CHARLES C. LOVELL , Senior District Judge . In setting the terms for the sale of the real property at issue in this case the Court stated: "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 Montana." (Doc. 63 at 6(f)). The Cler
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ORDER FOR DEPOSIT OF FUNDS

In setting the terms for the sale of the real property at issue in this case the Court stated: "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 Montana." (Doc. 63 at ¶ 6(f)).

The Clerk of Court's office recently received a cashier's check for $26,100, which was accompanied only by what appears to be a page from the Court's Order of Foreclosure and Sale. This caused some difficulty for the clerk's office because the clerk is not authorized to accept funds for deposit without a court order. L.R. 67.1. The clerk contacted counsel for the United States and was told that the check constitutes 10% of the winning bid and need not be deposited in an interest-bearing account because the balance of the purchase price will be sent within thirty days, along with the appropriate motion(s) seeking confirmation of the sale and deposit of the funds. Counsel is advised that he should consult the local rules and contact the Financial Unit for guidance on Judicial Conference Policy before seeking to deposit additional funds with the Clerk of Court.

IT IS HEREBY ORDERED that the recently received funds be deposited in a non-interest bearing account and that the tax identification number of the depositor be set forth under seal in a separate document.

Source:  Leagle

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