UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

BAC HOME LOANS SERVICING LP, 

Plaintiff,

Case No. 2:11-cv-274

v. JUDGE GREGORY L. FROST

Magistrate Judge Terence P. Kemp

FALL OAKS FARM LLC, et al.,

Defendants.

ORDER

This matter is before the Court for consideration of the January 15, 2016 motion to stay

order of confirmation of sale filed by Defendant James Moder (ECF No. 200), a memorandum in

opposition filed by Plaintiff Carrington Mortgage Services, LLC (“Carrington”) (ECF No. 204),

a notice of filing of proof of publication filed by Carrington (ECF No. 206), a response filed by

Special Master Thomas Balcerzak (ECF No. 207), and a reply memorandum filed by Moder

(ECF No. 210). Previously, this Court set Moder’s motion for a February 8, 2016 non-oral

hearing. (ECF No. 203, at Page ID # 2133.) Because the parties have completed all briefing in

advance of the briefing schedule deadlines, the Court will address Moder’s motion in advance of

the scheduled non-oral hearing date. 

In their briefing, Carrington and the Special Master have provided this Court with

clarification and documentation that counters the allegations of impropriety asserted by Moder. 

The Court need not reproduce the lengthy analysis and record support here, but adopts and

incorporates by reference the contents of the briefing and exhibits of Carrington and the Special

Master. See ECF Nos. 204, 206, and 207. The applicable law and the record evidence indicate

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that the impropriety that Moder asserts surrounds the foreclosure sale is simply not there. Moder

continues to disagree with, misunderstand, and ignore the applicable law, the relevant facts, and

his role in the events that led to the foreclosure sale. But nothing has occurred that supports

staying the order of confirmation of the sale. 

Instead, the record indicates the propriety of the events leading to the judgment of

foreclosure and the order of sale, the propriety of the substitution of Carrington as the plaintiff,

and the propriety of the sale procedures. This Court has time and again discussed the former two

points. The third point can be summarized as follows: (1) the Special Master filed the initial

appraisal electronically with the Clerk in compliance with General Order No. 07-03 § 3.4 (ECF

No. 136) and subsequently filed the reappraisal electronically with the Clerk (ECF Nos. 162 and

163-1); (2) publication of the notice of sale was effectuated in compliance with General Order

No. 07-03 § 3.5 (ECF Nos. 204-1 and 206-1); (3) Plaintiff filed notice of service of the notice of

sale in compliance with General Order No. 07-03 § 3.5 (ECF No. 196); (4) the Special Master

conducted the foreclosure sale at the Joseph P. Kinneary United States Courthouse, the

courthouse in which this action is pending, in compliance with General Order No. 07-03 § 3.6;

(5) the sale price was sufficient under General Order No. 07-03 § 3.7, and because Plaintiff was

the successful bidder, no money had to be collected pursuant to General Order No. 07-03 § 3.9;

(6) the Special Master filed a Notice of Deposit with the Clerk in compliance with General Order

No. 07-03 § 3.10 (ECF No. 201); and (7) Plaintiff’s counsel prepared and submitted the

proposed Order of Confirmation of Sale and Distribution of Proceeds under General Order No.

07-03 § 3.12 (ECF No. 205). The one error that the Court found in this process is not

substantive and is that the Notice of Deposit failed to include the address of the successful

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bidder, which is harmless given that Plaintiff was the successful bidder. (ECF No. 201.) 

Moder is incorrect that the order of foreclosure was invalid, that Plaintiff could not

foreclose, and that the foreclosure sale procedures failed to comply with applicable law and the

orders of this Court. The Court therefore DENIES Moder’s motion to stay order of confirmation

of sale. (ECF No. 200.)

IT IS SO ORDERED.

 /s/ Gregory L. Frost 

GREGORY L. FROST

UNITED STATES DISTRICT JUDGE

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