United States District Court, M.D. Alabama, Eastern Division
ORDER OF JUDICIAL REDEMPTION
A. BAKER, UNITED STATES MAGISTRATE JUDGE.
matter is before the Court following the consent of PNC Bank,
N.A. (“PNC”), Bill English (“Judge
English”), Nebraska Alliance Realty Company
(“Nebraska”), and Terry W. Wilhite and Tesha N.
Wilhite (“Owners”) to Magistrate Judge
Jurisdiction under 28 U.S.C. § 636(c) and LR
73.1. (Docs. 55, 57). Pending now is the Consent Motion for
Judicial Redemption (Doc. 59) filed by the parties. Because
the parties are in agreement regarding the proper disposition
of this action and that resolution is supported by the law
and the facts of the case, the Court GRANTS PNC's motion.
AND PROCEDURAL BACKGROUND
August 22, 2007, Michael Robert Solomon and Gail Bimbaum
Solomon conveyed 959 Ogletree Road, Auburn, Alabama 36830
(Parcel No. 18-02-09-0-000-001.001) (the
“Property”) to Owners. Owners subsequently
granted a mortgage on the Property to First American Bank,
which was recorded in the land records for Lee County,
Alabama on April 8, 2008 in book 3553 at page 809 (the
“Mortgage”). On May 1, 2013, Nebraska purchased the
Property at a Lee County tax sale for $223, 000.00. To date,
no tax deed has been issued for the Property and Nebraska has
not made any improvements or taken possession of the
February 17, 2015, PNC filed its Complaint seeking to
judicially redeem the Property. All interested parties have
been served and have now agreed to settle their claims by
virtue of this consent order. The Court has subject-matter
jurisdiction and has personal jurisdiction over the parties.
See 28 U.S.C. §§ 1331-32. This
Court is authorized to judicially redeem the Property, and
venue is proper in this district. See 28 U.S.C.
§§ 1391(b), 2201-02.
Parties have agreed that PNC has a right to redeem the
Property and have agreed to the price at which it may be
redeemed. Based on the agreement of the Parties and for good
cause shown, the Court finds that PNC is entitled to an order
judicially redeeming the Property.
reasons set forth above, the Court GRANTS PNC's consent
motion (Doc. 59) and ORDERS as follows:
a. The Court enters judgment for PNC against Judge English
b. The Court declares the Property to be judicially redeemed
in the name of the current owner, PNC Bank, N.A.;
c. Judge English shall record this order in the real property
records for Lee County, Alabama to clarify the chain of title
for the Property. Judge English shall index PNC Bank, N.A.,
Terry W. Wilhite, and Tesha N. Wilhite as grantees, and
Nebraska Alliance Realty Company as the grantor.
d. The parties are directed to pay those amounts that they
have agreed are necessary to redeem the Property within five
(5) days of the entry of this order.
e. Upon the payment of these amounts, all Parties-including
the Owners-have agreed to release one another, including
(without limitation) one another's agents, employees,
successors, parent, holding, subsidiary, affiliated, and
related entities (jointly and severally) from all manner of
actions, causes of action, and claims whatsoever, in law or
in equity, which the Parties ever had or now have against on
another (jointly and severally) accruing prior to the date of
this Order that are ...