IRS Auction - Sales Ad for Bigfork, MT

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NOTICE OF JUDICIAL SALE

Under an Order Judicial Sale entered in United States of America v. Ralph L. Burtsfield, Peggy Burtsfield, Alan Morrison Hay, as Trustee of Health Alternative Trust, and J. Prescott Warren, as Trustor of the Eastmont Trust, United States District Court, District of Montana, case no. CV-06-198-M-DWM-JCL, the United States will offer to sell at public auction a parcel of real property located in Flathead County, Montana.

Date:

10/8/2008

Time:

12:00 PM

Open House:

October 7, 2008 between noon and 3:00 p.m

Sale Location:

245 Swan Retreat Road Bigfork, Montana 59911

Title Offered:

Contact Ernie Sell, PALS

Description of Property:

245 Swan Retreat Road, Bigfork, Montana 59911. Property is a 720 sq. ft. condominium unit in a 4 unit single level attached building. The unit contains two bedrooms and one bathroom. The condominium project shares 178 feet of frontage on the Swan River. The building was constructed in 1975.
Additional Information can be found at: http://gis.mt.gov/
Montana Geocode: 07383628401100000

Property May Be Inspected at:

See Open House

Legal Description:

Unit 4 of Swan Valley Retreat, a residential condominium, according to the Declaration of Unit Ownership recorded June 2, 1976 under Recorder's Fee No. 5665 in Book 598 at Page 307, records of Flathead County, Montana. TOGETHER WITH and undivided interest in the general and limited common elements appurtenant to said unit, said common elements as described and the undivided interest therein as set forth in said declaration. Located on the following tract of land: Lot 3 of Swan Valley Retreat, according to the official plat thereof, filed in Official Records of Flathead County, Montana.

Minimum Bid:

$59,000.00

Bid Note:

Mail in bids accepted

Click here for Mail-in Bid Form

Click here for photos of property

The Terms of Payment:

The sale of the property shall be free and clear of the interests of Ralph L. Burtsfield, Peggy Burtsfield, and the Eastmont Trust.

The sale shall be subject to building lines, if established, all laws, ordinances, and governmental regulations (including building and zoning ordinances), affecting the property, and easements and restrictions of record, if any.
The successful bidder(s) shall be required to deposit at the time of the sale with the Internal Revenue Service a minimum of 10% of the bid, with the deposit to be made by certified check or money order payable to the United States District Court for the District of Montana. Before being permitted to bid at or attend the sale, potential bidders shall display to the Internal Revenue Service proof that they are able to comply with this requirement. No bids will be received from any persons who have not presented proof that, if they are the successful bidder, they can make the deposits required by this order of sale.

The balance of the purchase price for the property is to be paid to the Internal Revenue Service within twenty (20) days after the bid is accepted. Payment shall be made by a certified or cashier’s check payable to the United States District Court for the District of Montana. If the bidder fails to fulfill this requirement, the deposit shall be forfeited, and shall be applied to cover the expenses of sale, including any commissions due under 28 USC Section 1921(c), with any amount remaining to be applied to the income tax liabilities of Ralph L. Burtsfield at issue herein. The realty shall be again offered for sale under the terms and conditions of this order of sale. The United States may bid as a credit against its judgment without tender of cash.

The sale of the property shall be subject to confirmation by the Court. On confirmation of the sale and the receipt of payment in full, the Internal Revenue Service shall execute and deliver a deed of judicial sale conveying the property to the purchaser. Upon confirmation of the sale, all interests in, liens against, or claims to, the property that are held or asserted by all parties in this action are discharged and extinguished. On confirmation of the sale, the recorder of deeds for Flathead County, Montana, shall cause transfer of the property to be reflected upon that county’s register of title. The sale is ordered pursuant to 28 U.S.C. Section 2001, and is made without right of redemption.

The government reserves the right to reject any and all bids and to withdraw the property from sale.

The property is offered for sale “where is” and “as is” and without recourse against the United States. The United States makes no guarantee of condition of the property, or its fitness for any purpose. The United States will not consider any claim for allowance or adjustment or for the rescission of the sale based on failure of the property to comply with any expressed or implied representation.

Form of Payment:

Certified check or money order payable to the United States District Court for the District of Montana.

Important Information

This is not an advertisement of a sale of seized property. This is an information notice only regarding a sale being conducted by the Internal Revenue Service as a result of the foreclosure of an Internal Revenue Service Federal Tax Lien by the Department of Justice.

For additional information about the property and proposed sale, please contact the following office:

Name:

Ernie Sell

Title:

Property Appraisal and Liquidation Specialist

Bureau:

Internal Revenue Service

Address:

12600 W. Colfax Ave., C-300
Lakewood, CO, 80215

Phone:

(303) 670-4160

Mobile: