IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Christine M. Arguello

Civil Action No. 11-cv-02292-CMA-KLM

UNITED STATES OF AMERICA,

Plaintiff,

v.

JAMES D. WELCH,

AMRA WELCH, as nominee/alter ego of James D. Welch, and

CIT GROUP/EQUIPMENT FINANCING, INC.,

Defendants.

ORDER CONFIRMING SALE OF REAL PROPERTY AND

FOR DISTRIBUTION OF PROCEEDS

On July 28, 2014, the Court entered an Order of Judicial Sale in this case

(Docket #115). The Order directed the Internal Revenue Service Property Appraisal

and Liquidation Specialist (“PALS”) to sell certain real property and report the sale to the

Court. The Order permitted the sale of the following real property commonly referred to

as 11420 Teachout Road, Colorado Springs, Colorado 80908 (“subject property”). The

subject property is more particularly described as follows:

Lot 2, in Black Forest Square Filing No. 1, in El Paso

County, Colorado, according to the plat thereof recorded

August 28, 1998 at Reception No. 98123605

The United States has reported, and the Court so finds, that the sale was

publicized in accordance with 28 U.S.C. §§ 2001-2002 and properly conducted, on

November 13, 2014 at the subject property, and that the subject property sold for

$266,000. The purchasers have fully paid the purchase price to the IRS PALS, who

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then deposited the funds into the Court’s registry. The United States seeks an Order

confirming the sale and directing the Clerk to distribute the sale proceeds.

In accordance with the foregoing, and for good cause shown, the motion is

GRANTED, and it is hereby,

ORDERED, the sale on November 13, 2014, of the real property at issue was

properly conducted and no objection was filed so that the sale of the real property at

issue is confirmed;

ORDERED, the Internal Revenue Service is authorized to execute and deliver

to the purchaser(s) a Deed to Real Property conveying the real property at issue;

ORDERED, on delivery of the Deed to Real Property, all interests in, liens

against, or claims to the real property at issue that are held or asserted in this action

by the plaintiff or any of the defendants are discharged. On delivery of the Deed to Real

Property, the real property at issue shall be free and clear of the interests of the United

States (or the Internal Revenue Service); Jim D. Welch, Celestial Pursuits Trust, CIT

Group/Equipment Financing, Inc., and Colorado Department of Revenue.

ORDERED, possession of the real property sold shall be yielded to the

purchaser(s) upon the production of a copy of the Deed to Real Property; and if there is

a refusal to so yield, a Writ of Assistance may, without further notice, be issued by the

Clerk of this Court to compel delivery of the real property at issue to the purchaser;

ORDERED, that the Clerk shall disburse the proceeds of the sale from the

Court’s registry in the following manner:

a. First, by check made payable to the “Internal Revenue Service PALS”

with “U.S. v. Jim D. Welch, 1:11-CV-02292-CMA-KLM” written in the memo line, in the

amount of $2,332.97 for costs of sale, mailed to:

2

Case 1:11-cv-02292-CMA-KLM Document 121 Filed 12/17/14 USDC Colorado Page 2 of 3
Darlene Jones, IRS PALS

Internal Revenue Service

4041 N. Central Avenue, Mail Stop 5021

Phoenix, AZ 85012-3330

b. Second, by certified check made payable to “El Paso County Treasurer”

“Tax ID. No. 5220005029” written in the memo line, in an amount of $6,371.15 if mailed

on or before December 31, 2014, and in an amount of $6,419.89 if mailed thereafter,

mailed to:

Office of El Paso County Treasurer

P.O. Box 2018

Colorado Springs, CO 80901

c. Third, the total remaining funds should be sent by check made payable to

“US Treasury” with “U.S. v. Jim D. Welch, 1:11-CV-02292-CMA-KLM” written in the

memo line, for application to the judgment debt of the United States in this case against

Jim D. Welch, mailed to:

Office of Review, Tax Division

P.O. Box 310

Ben Franklin Station

Washington, D.C. 20044

DATED: December 17, 2014

BY THE COURT:

_______________________________

CHRISTINE M. ARGUELLO

United States District Judge

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