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United States of America v. Alfred R. Perez

February 15, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
ALFRED R. PEREZ, ISLAND ) COMMUNITY LENDING CORPORATION, ) HAWAII FIRST FEDERAL CREDIT ) UNION, HICKAM FEDERAL CREDIT UNION, COUNTRYWIDE HOMELOANS INC., DEFENDANTS.



The opinion of the court was delivered by: Susan Oki Mollway Chief United States District Judge

ORDER GRANTING PLAINTIFF UNITED STATES OF AMERICA'S MOTION TO APPROVE COMMISSIONER'S REPORT FILED OCTOBER 21, 2011, AND FOR CONFIRMATION OF FORECLOSURE SALE

ORDER GRANTING PLAINTIFF UNITED STATES OF AMERICA'S MOTION TO APPROVE COMMISSIONER'S REPORT FILED OCTOBER 21, 2011, AND FOR CONFIRMATION OF FORECLOSURE SALE

On November 4, 2011, Plaintiff UNITED STATES OF AMERICA ("United States") filed its Motion To Approve Commissioner's Report Filed October 21, 2011 and for Confirmation of Foreclosure Sale ("Motion To Confirm"). No opposition to the Motion To Confirm was filed. The Court exercised its discretion not to hold a hearing on the Motion to Confirm pursuant to Local Rule 7.2(d). Having considered the record and arguments by counsel, the Court hereby grants the Motion To Confirm based on the following:

I. FINDINGS OF FACT

1. This is a civil action brought by the United States, on behalf of note holder and assignee Department of Veterans Affairs, seeking monetary judgment against Defendant ALFRED R. PEREZ on a Mortgage, Note and Mortgage Modification Agreement encumbering the property located at 5246 Kalae Place, in the County of Hawaii, State of Hawaii, and designated as Tax Map Key No. (3) 6-4-025-030 (CPR 002)(the "Mortgaged Property").

2. Jurisdiction over this action is based on 28 U.S.C. § 1345.

3. On July 9, 2011, the Court issued its Findings of Fact and Conclusions of Law and Order Granting Interlocutory Decree of Foreclosure and Deficiency Judgment and appointed Daniel S. Peters, Esq., to serve as the Commissioner to sell the Mortgaged Property.

4. On October 21, 2011, the Commissioner filed his report detailing the foreclosure of the Mortgaged Property and the winning bid of the United States of $229,138.00 at the auction on October 17, 2011.

5. Based upon the Commissioner's report, the Court finds that the winning bid of $229,138.00 by the United States is a fair and reasonable bid for the Mortgaged Property and confirms the sale.

6. The Commissioner incurred $2,095.83 in expenses and $4,000.00 in fees. These fees and costs are fair and reasonable.

7. The amount due and owing by Defendant ALFRED R. PEREZ to the United States, calculated to November 15, 2011, is as follows:

Principal Balance $190,961.12 Interest 19,357.70 Late Charges 1,319.21 Escrow Advances Due 18,922.03

TOTAL $230,560.06

The daily per diem rate is ...


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