01-08-2023 Joshua Bishop Notice of SaleMillsap & Singer, LLC
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS
CIVIL DEPARTMENT
Truist Bank, successor by merger to
SunTrust Bank
Plaintiff,
vs.
Joshua M Bishop, et al.
Defendants,
) Case No.SA-22CV194
)
) CourtNo.
)
) Title to Real Estate Involved
)
) Pursuant to K.S.A. §60
)
)
)
CERTIFICATE OF MAILING
THIS will certify that on this ~ day of ::.k.t"7 , 20~the undersigned caused to be
mailed a true and correct copy of the Notice of the Sheriff's Sale to the parties in regard to the
above captioned matter.
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MS File No . 205734 .415106 KJFC
MILLSAP
By: -.~
Chad R. ornink, #23536 gi
cdoornink@msfinn.com
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
ATTORNEYS FOR PLAINTIFF
1
Millsap & Singer, LLC
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS
CIVIL DEPARTMENT
Truist Bank, successor by merger to
SunTrust Bank
Plaintiff,
vs.
Joshua M Bishop, et al.
Defendants,
) Case No.SA-22CV194
)
) CourtNo.
)
) Title to Real Estate Involved
)
) Pursuant to K .S.A. §60
)
)
)
NOTICE OF SALE
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of
Saline County, Kansas, the undersigned Sheriff of Saline County, Kansas, will offer for sale at
public auction and sell to the highest bidder for cash in hand at the front door lobby of the Saline
County, Courthouse, Kansas , on February 2 , 2023 at the time of 10:00 AM, the following real
estate:
LOT FIVE (5), BLOCK ONE (1), BROWN'S ADDITION TO THE CITY OF SALINE,
SALINE COUNTY, KANSAS., Parcel ID No. 07896. Commonly known as 516 Brown
Street, Salina, KS 67401 (''the Property") MS205734
to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement
and subject to the redemption period as provided by law, and further subject to the approval of
the Court.
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MS File No . 205734.415106 KJFC
Saline County Sheriff
SINGER,LLC
By: -----------,...,,/'
Chad R. Doornink, #23 5 3 6 j!f.J
cdoornink@msfirm.com
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
ATTORNEYSFORPLAINTIFF
MILLSAP & SINGER, LLC AS ATTORNEYS FOR TRUIST BANK, SUCCESSOR BY
MERGER TO SUNTRUST BANK IS ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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MS File No . 205734.415106 KJFC
CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing was mailed by U.S. Mail, postage prepaid on
J ... ry 5, U1-3 to the following:
Joshua M Bishop
Redacted pursuant to Supreme Court rule
Sarah Bishop
Redacted pursuant to Supreme Court rule
Carl B. Davis as Chapter 13 Bankruptcy Trustee
300 W Douglas Suite 650
Wichita, KS 67202
City of Salina, Kansas
300 W Ash St., Room 202
Salina, KS 67401
Federal Home Loan Bank of Topeka
One Security Benefit Place, Suite 100
Topeka, KS 66606
Kansas Department for Children and Families
Registered Agent: Office of the Secretary
555 S. Kansas Avenue
Topeka, KS 66603
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MS File No . 205734 .415106 KJFC
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Millsap & Singer, LLC
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS
CIVIL DEPARTMENT
Truist Bank, successor by merger to
SunTrust Bank
Plaintiff,
vs.
Joshua M Bishop, et al.
Defendants,
) Case No. SA-22CV194
)
) CourtNo.
)
) Title to Real Estate Involved
)
) Pursuant to K.S.A . §60
)
)
)
MOTION TO CONFIRM SHERIFF'S SALE -DEFICIENCY WAIVED
COMES NOW, Plaintiff, Truist Bank, successor by merger to SunTrust Bank, by and
through counsel , and respectfully prays for the Court to Confirm the Sheriffs Sale held on
February 2 , 2023 . In support thereof, Plaintiff states the following:
1. That on December 2, 2022 , Plaintiff recovered an in personam judgment against
Defendant Joshua M Bishop and an in rem judgment against the Property in the amount of
$99,513.12 with interest from December 1, 2022 at 5.5000% until the date of entry of the Journal
Entry Judgment into the Court, plus court costs and the costs of this action.
2. That on February 2 , 2023 , a Sheriffs Sale was held and Plaintiff was high bidder
at the sale with a bid of $79 ,000.00 in satisfaction of said Judgment.
3. That once sale proceeds in the amount of $79 ,000.00 are applied to Plaintiffs
Judgment, a deficiency in the amount of $24,879.18 will remain.
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MS File No . 205734 .415106 KJFC
4. That Plaintiff hereby waives any rights to said deficiency and accepts the
results of said Sale in full satisfaction of its Judgment.
As such, Plaintiff requests an order which will:
5. Approve and confirm the sale of the real estate made in this action by the Sheriff
of Saline County, Kansas .
6. Order the execution of the Certificate of Purchase to be delivered to the purchaser
at the sale.
7. Order and direct the execution of and delivery of a Sheriffs Deed to the holder of
the Certificate of Purchase, and an order for possession of the property, subject, to the right of
redemption as provided by law which should be fixed by order of this Court at three (3) months
from the date of sale as to all defendants.
WHEREFORE, Plaintiff prays for an order confirming the Sheriffs sale .
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MS File No . 205734 .415106 KJFC
By: ~---4~~~~~~-~
Chad Doornink,#23536 ~
cdoornink@msfirm.com
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
ATTORNEYS FOR PLAINTIFF
2
CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing was mailed by U.S. Mail, postage prepaid on
February 22, 2023 to the following:
Joshua M Bishop
Sarah Bishop
Carl B. Davis as Chapter 13 Bankruptcy Trustee
300 W Douglas Suite 650
Wichita, KS 67202
City of Salina, Kansas
300 W Ash St., Room 202
Salina, KS 67401
Federal Home Loan Bank of Topeka
One Security Benefit Place, Suite 100
Topeka, KS 66606
Kansas Department for Children and Families
Registered Agent: Office of the Secretary
555 S. Kansas A venue
Topeka, KS 66603
11m1 1111111111111111111111111111111111111111111111111111111111
MS File No . 205734 .415106 KJFC
3
Millsap & Singer, LLC
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS
CIVIL DEPARTMENT
Truist Bank, successor by merger to
SunTrust Bank
Plaintiff,
vs .
Joshua M Bishop, et al.
Defendants,
) Case No. SA-22CV194
)
) CourtNo.
)
) Title to Real Estate Involved
)
) Pursuant to K.S.A. §60
)
)
)
RECEIPT OF FUNDS
This is to certify and acknowledge that on February 2, 2023, Plaintiff applied the sum of
$79,000.00 in satisfaction of its judgment (including interest and costs of sale). This sum was
applied to the purchase of the real estate sold under an order of sale in the above-captioned case
if Plaintiff was the high bidder.
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MS File No . 205734 .415106 KJFC
By: ~
Chad oornink,#23536 lZD
cdoomink@msfirm.com
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
ATTORNEYS FOR PLAINTIFF
4
•
Millsap & Singer, LLC
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS
CIVIL DEPARTMENT
Truist Bank, successor by merger to
SunTrust Bank
Plaintiff,
vs.
Joshua M Bishop, et al.
Defendants,
) Case No. SA-22CV194
)
) CourtNo.
)
) Title to Real Estate Involved
)
) Pursuant to K.S.A. §60
)
)
)
ORDER CONFIRMING SHERIFF'S SALE -DEFICIENCY WAIVED
At this time, the above-captioned case comes regularly for hearing upon Plaintiffs
motion to confirm the sale of real estate made in this action by the Sheriff of Saline County,
Kansas.
The Court, having examined the Order of Sale, publication of the notice of the sale, the
Sheriffs return and the proceedings had in making the sale, and after hearing Plaintiff's evidence
and being satisfied that the sale has in all respects been made in conformity with law and equity
and the orders of this Court, and having heard all the evidence and statements of counsel, does
approve and confirm the sale and each and all of the proceedings taken in connection therewith.
The Court finds that less than 1/3 of the original first mortgage indebtedness has been paid on the
mortgage foreclosed, and therefore the period of redemption should be fixed at three (3) months
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MS File No . 205734 .415106 KJFC
•
from and after the date of such Sheriffs sale.
The Court further finds that the sale is adequate and in conformity with law and equity
pursuant to K.S.A. 60-2415.
IT IS THEREFORE THE ORDER OF THIS COURT that the Motion for Order
Confirming Sheriffs Sale should be and is sustained, and that the Clerk of this Court is directed
to make an entry on the Journal of this Court that this is satisfied with the legality of the sale.
IT IS FURTHER BY THE COURT ORDERED that the Judgment due Plaintiff shall be
deemed satisfied in full by the results of said Sale .
IT IS FURTHER BY THE COURT ORDERED that the Sheriff of Saline County ,
. Kansas, shall make to the purchaser of the real estate at the sale , Truist Bank, successor by
merger to SunTrust Bank, a good and sufficient Certificate of Purchase to the real estate , legally
described as:
LOT FIVE (5), BLOCK ONE (1), BROWN'S ADDITION TO THE CITY
OF SALINE, SALINE COUNTY, KANSAS. (the "Property").
Parcel ID No. 07896
together with all improvements and appurtenances , and unless the real estate is redeemed as
provided herein, a Sheriffs deed shall issue to the holder of the Certificate of Purchase as
provided by law and such grantee in the deed shall be placed in the immediate and peaceful
possession of the real estate by the Sheriff.
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MS File No . 205734 .415106 KJFC
This Order is effective as of the date and time shown on the electronic file stamp.
Prepared by:
MILLSAP & S
By: -+-+--'--------
Chad R. oornink, #23536
cdoornink@msfirm.com
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
ATTORNEYSFORPLAINTIFF
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MS File No. 205734 .415106 KJFC
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