This document provides information about a public auction for a seized single family home located at 90-23 201st Street in Hollis, New York. The home includes 3 bedrooms, 1 bathroom, a kitchen, living room, dining room, and driveway on a lot of 2,300 square feet. It will be auctioned on August 25, 2011 with registration beginning at 11:00 AM and auction starting at 12:00 PM at the property site. A deposit of $15,000 is required.
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2M E M O R A N D U MTO Supervising Attorney F.docxtamicawaysmith
2
M E M O R A N D U M
TO: Supervising Attorney
FROM: [Student name]
RE: LP Assignment
DATE:
FACTS: [Include the facts that are necessary to your answer. In most memos, the facts are written in chronological order.]
QUESTION/ISSUE: [You may have more than one QUESTION/ISSUE and ANSWER for an assignment.]
ANSWER: [Your answer should include one or more statements of law with BlueBook citations, an application or analysis of the law to the facts, and a conclusion. In other words, you are following the Legal Writing pattern IRAC: I (Issue), R (Rule), A (Application or Analysis), and C (Conclusion).]
*Use APA style formatting: 1-inch margins, Times New Roman size 12 font, double-space.
*Use Bluebook citation.
LP6 Assignment: Who Owns What?
A woman named Bonnie walks into your firm one day requesting help in a dispute over a property she purchased. The circumstances of the property are as follows:
Ponch owned Easy Acres, an undeveloped parcel of land located in Green. Ponch had always wanted to purchase a Tomahawk motorcycle, but the ones that were available for sale were always beyond his price range. But thanks to a significant increase in the value of the Easy Acres parcel, Ponch finally had the means to acquire his coveted motorcycle. Ponch gets a loan from his friend Jon, securing the loan with a mortgage on Easy Acres for $100,000. Jon forgets to record the mortgage.
Ponch subsequently sold Easy Acres to Grossman for $75,000 in cash and rode off to Arizona to live out his life-long dream of starring in television commercials as a mattress pitchman. Grossman recorded the deed of sale and immediately built a roller derby track on Easy Acres, which increased the value of the land to over $500,000.
Grossman sold the facility to Bonnie, a roller derby impresario and your client, for $600,000 in a duly recorded deed.
One day, Jon happened by Easy Acres and noticed the roller derby facility. He was unable to contact Ponch but located Bonnie, presented her with the mortgage documents, and demanded that Bonnie pay him his $100,000.
Bonnie needs help with the action Jon is threatening to bring for recovery of his $100,000. Your firm's partner asks you to help her craft her response to Bonnie.
In a 2-page double-spaced APA Style memorandum, explain what rights Grossman, and subsequently Bonnie, have with respect to Easy Acres and why. What rights does Jon have, and why?
NEEDS TO INCLUDE:
1) What rights did Grossman have with respect to the property, and subsequently, what rights does Bonnie have with respect to the property? Why?
2) What rights does Jon have with respect to the property? Why?
3) Some place in your memo, please state whether Bonnie has to pay Jon the $100,000.
HINT: The answers to these questions are found in Chapter 12, but the answers are not found in the section on Recording Statutes.
Criteria
1. Memorandum details the rights and interests of Bonnie in the property, and why.
2. Memorandum details the rig ...
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Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
1. SEIZED
REAL PROPERTY
US Department of the
Treasury in conjunction
with ICE
PUBLIC
AUCTION
90-23 201st Street, Hollis, New York 11423
SINGLE FAMILY HOME Two story home with 3 bedrooms, 1 bath, kitchen, living room, dining
room, and private driveway. The home has a 734 ± sq. ft. basement that is partially finished with a rec
room. The home is located in an established neighborhood in the Hamlet of Hollis in the Burough of
Queens. It is convenient to area facilities including schools, shopping, and employment.
Utilities: Electricity, Gas, Water, Sewer
Auction Date: Zoning: R3-2/General Residential District
Thursday, August 25, 2011 Bed
Bath
Parcel No: Burough 4, Block 10483, Lot 0023 Kitchen
Room
Auction Times: 2010 County Taxes: $2,665.28 ±
Registration at 11:00 a.m. Living Space: 1,337 ± sq. ft.
Auction starts at 12:00 noon Total Site Area: 2,300 ± sq. ft.
County: Queens
Auction Location: Age: 90 years Dining Bed
Held at property site Room Room
Open House Dates:
Sunday, August 14 and Tuesday,
August 23, 1:00 - 4:00 p.m. Living Bedroom
Room
Deposit: $15,000
cashier’s check payable to URS
Cashier’s checks made payable to bidder’s
name CANNOT be accepted
DIRECTIONS TO SALE PROPERTY:
From I-495 E outside New York City take exit 27 N to merge onto I-295 S/Clearview Expy toward Grand
Central Pkwy. Exit on the left onto Hollis Ct Blvd and travel 0.8 mile. Turn Right onto 90th Avenue and
For more details visit our website at:
travel 0.6 mile. Turn Left onto 201st Street. Home will be on the left.
www.treas.gov/auctions/treasury/rp
and click on upcoming auctions
If all your questions are not answered using our
website, or you do not have internet access,
please call the Public Auction Line at
(703) 273-7373 Sale # 11-66-120 / Rob Doyle, NY Broker #478768 URS
2. TERMS OF SALE FOR HOLLIS, NEW YORK / Sale #11-66-120
GENERAL INFORMATION: The high bidder shall deliver ten percent (10%) of the Purchase Price In the event of a dispute as to final bid amount, the Government
The placement of a successful bid at a U.S. Department of the less the initial money deposit, whichever is greater, to URS by reserves the right to review the video and audio tape of the auction for
Treasury auction establishes a legally binding contract between the cashier's/certified check, payable to URS or by bank wire transfer. clarification or to re-offer the property in question.
successful bidder and the Government. The auctioneer's announce- Within three business days, should the high bidder fail to deliver the
ment of the high bid amount and the bidder's number establishes the earnest money, Seller shall have all rights and remedies provided in WRITTEN BIDS:
contract, which is subject to final acceptance by the Government. This the Terms of Sale, including the right to retain the initial money Written bids may be submitted in person, by registered mail, or by
contract is bound by these Terms and Conditions, any Special Terms deposit and any other deposits or payments made by the high bidder overnight delivery service if the bidder is unable to attend the auction.
and Conditions published by the Contractor for the specific auction, as liquidated damages. The appropriate deposit per property by cashier's/certified check
19 CFR Customs Duties Part 162, and all other Federal regulations only, must accompany your written bid. The cashier's check deposit
governing contracts for the purchase of Government property, which Bank Wire Instructions: must be made payable to: URS
may be found at http://www.arnet.gov/far/. The successful bidder is Wells Fargo Bank, N.A.
legally bound to pay for property awarded in accordance with his/her Routing No. (ABA) 121-000-248 Written bids for the property must be received no later than August
bid. URS - RP 24, 2011, at the following address: URS, U.S. Department of the
Account No: 4121-509301, Ref: Include Property Address Treasury, Seized Real Property Support, 10687 Gaskins Way, Suite
URS, the Contractor, is acting as the agent of the Government with 101, Manassas, VA 20109, Attn: Real Property Sales.
respect to the sale of Government real property at these auctions. The The successful bidder's deposit(s) will be retained as the initial pay-
Contractor may videotape the auction and record phone bidding to ment for the property. Personal or business checks, bank letters, or Unsuccessful written bidders' deposits will be sent to the bidders by
assist in any future contract resolution actions. letters of credit will not be accepted. Cashier's checks made payable certified mail or overnight delivery service within five (5) business
to the bidder's name CANNOT be accepted. days after the sale.
ELIGIBILITY OF BIDDERS
The Bidder warrants that he/she is not: (a) under 18 years of age; (b) BACK-UP BIDDER: CONSIDERATION OF BIDS:
an employee of any department or agency of the Federal Government The back-up bidder's earnest money deposit will be returned by certi- The Government reserves the right to reject any or all bids, and to
prohibited by the regulations of that agency from purchasing property fied mail or overnight delivery service within three (3) business days waive any technical defects in bids. Property is sold with a minimum
sold hereunder; (c) an agent or immediate member of the household after receiving total earnest money deposit from the high bidder. In reserve price unless the property is, in explicit terms, offered without
of the employee in (b), above; (d) the Contractor, subcontractor or ven- the event earnest money is not received from the high bidder within a minimum reserve price. If the minimum reserve price is not
dor, or their agent who has access to information concerning the prop- the time period specified, the back-up bidder will become the high achieved, the Government may withdraw the property at any time
erty to be sold at U.S. Department of the Treasury auctions that is not bidder at the Purchase Price stated in the back-up bid contract. The before the sales contract is executed.
generally available to the public; (e) presently debarred or declared back-up bidder is obligated to transmit earnest money as stated
ineligible for the award of contracts by any Federal agency in accor- above within three (3) business days of notification. The foregoing liq- FINANCING:
dance with 41 CFR 101-45.6; or (f) the party, or agent of the party(s), uidated damages provision shall apply to the back-up bidder. The buyer is responsible for obtaining his or her own financing
from whom the property was seized. arrangements as required. The Government does not provide financ-
INSPECTION OF PROPERTY: ing for the purchase of any property offered under these Terms and
The Contractor's subcontractor may not act as agent for a third party in The bidder is invited, urged, and cautioned to inspect the property Conditions. Bidders are strongly recommended to investigate and
purchasing U.S. Department of the Treasury real property that is or has prior to submitting a bid. Failure to inspect property shall not consti- secure financing arrangements, if required, prior to attendance at a
been in their custody or control. For breach of this warranty, the tute cause for cancellation of sale. Property will be available for public offering.
Government shall have the right to cancel the contract without liability. inspection at the times specified by the Contractor. Absolutely no
access to property is allowed without prior Contractor authorization. Failure to obtain financing during the closing process does not relieve
REGISTRATION OF BIDDERS: At their own expense, potential bidders may have property inspectors the buyer of his/her legal responsibility and obligation for completion
Persons wishing to participate in the bidding process of the sale are examine the property during regularly scheduled open houses. of the contract. Failure to comply with all provisions of the sales con-
required to obtain, fill out, and deliver a bidder registration card dur- tract regarding closing may result in termination of the contract
ing the registration process for each sale. LEAD-BASED PAINT (for properties built before 1978): because of buyer's default and may result in the forfeiture of any
Disclosure of Information on Lead-Based Paint and Lead-Based Paint earnest/deposit funds.
In the event a person is bidding on behalf of another party, an original Hazards and the EPA pamphlet "Protect Your Family from Lead in Your
notarized Power of Attorney must be presented at the time of registration. Home" may be obtained by calling 1-800-424-LEAD or visiting CLOSING:
Power of Attorney must include the buying party's social security number. http://www.epa.gov/lead. Buyer acknowledges responsibility for all Closing will be held within 30 calendar days of the date the
costs associated with the abatement and remediation of any dis- Government signs the sales contract accepting the Buyer's offer.
If you are planning to bid in the name of a corporation, business, or LLC, closed or potential hazards associated with the property. Closing may be held sooner, with mutual agreement of Buyer and
you must have the appropriate official documentation to show proof of Seller. Only the Seller may, at its discretion, exceed closing beyond 30
eligibility to bid on behalf of that corporation, business, or LLC. ORAL STATEMENTS AND MODIFICATIONS: calendar days. Closing costs including, without limitation, transfer
Changes may be made on the day of the sale to the property status or taxes, documentary stamps, recording fees, and escrow fees will be
An individual's signature on the bidder registration card is an descriptions in the sales flyer/brochure. These changes take prece- paid by the Buyer and Seller in accordance with the customs of the
acknowledgment of his/her full and complete understanding of all dence over previous sales flyer/brochure information pertinent to that county in which the property is located. In the event Buyer desires title
Terms and Conditions and his/her agreement to be bound thereby. property, but do not alter in any way the basic Terms and Conditions of insurance, it will be at the Buyer's expense.
Therefore, bidders are cautioned to carefully read all applicable Terms sale. Further, no interpretation of any provision of the sales contract,
and Conditions contained in this document and the sales including applicable performance requirements, shall be binding on GOVERNMENT DEED:
flyer/brochure before signing the bidder registration card. Bidders the Government unless furnished to and agreed upon, in writing, by Clear title will be conveyed via a Government deed. Liens and other
must present a photo ID and evidence of earnest money deposit in the the Contracting Officer or his/her designated representative. encumbrances will be paid by the Government. Title insurance is
amount of $15,000 in the form of cashier's or certified check made available at Buyer’s expense.
payable to URS as a prerequisite of registration. Personal or busi- REAL PROPERTY DESCRIPTIONS:
ness checks, money orders, cash, bank letters, or letters of credit The bidder understands and agrees that the property is offered, pur- DEFAULTS:
WILL NOT be accepted. Cashier's checks made payable to the bid- chased, and accepted by the buyer "AS IS" and "WITH ALL FAULTS." Failure to make required deposit or final payments and/or comply
der's name CANNOT be accepted. The Government and its agent make no warranties or guarantees with the time frames specified in the sales flyer/brochure shall be
whatsoever whether written, oral, or implied as to quality, condition, deemed default of the high bidder and may result in cancellation of
Each registered bidder will be issued a bidder number upon comple- or habitability. the contract and forfeiture of any rights, title, and interest the Buyer
tion of the registration process. Each bidder is solely responsible for may have acquired. In that case, title of the property will remain with
the use of his/her bidder number and any use by another person is All information contained in the sales flyer/brochure was derived from the Government and will result in the forfeiture of the deposit. If the
presumed to be with the consent of and contractually binding on the sources believed to be correct, but there is no guarantee. Buyer default occurs because of failure to make the required deposit, the
registered bidder. acknowledges that he/she relied entirely on his/her own information, buyer shall be liable to the Government for liquidated damages in the
judgment, and inspection of the property. amount of that deposit.
The registrant agrees that, should the registrant be the successful bid-
der of a property lot, the following information regarding the transac- If a legal misrepresentation is determined before the final closing on PROPERTY OFFERED FOR SALE BY IRS-CI, ICE and Secret Service:
tion shall be published on the U.S. Department of the Treasury auction the property, the Government reserves the right to cancel the sale and In accordance with 18 USC Section 1963(f) and 21 USC Section
website: (1) the registered bidder's name; (2) the property's address; refund any earnest/deposit money paid. 853(h) of the Comprehensive Crime Control Act of 1984 and
(3) the purchase price of the property. Electronic Freedom of Department of the Treasury Policy, forfeited (real) property will not be
Information Act Amendments of 1996 (5 U.S.C. 552 (2000)). OFFERING OF PROPERTY FOR AUCTION AND SUBMISSION OF BIDS: sold to the defendant or person(s) acting as his/her agent. A real
Once the Government accepts a bid, a final written sales contract will property sales contract may be cancelled by the Government in com-
EARNEST MONEY DEPOSIT: be prepared to include the individual information of the high bidder pliance with the above statutes or policy.
Immediately after the bidding is completed the high bidder and sec- along with the accepted bid amount. A contract may also be condi-
ond high bidder (Back-Up Bidder) will be required to make a tionally established with the recognized back-up bidder for execution ADDITIONAL INFORMATION:
$15,000 earnest money deposit in the form of a cashier's/certified if the high bidder defaults for any reason or is rejected by the Visit our website at www.treas.gov/auctions/treasury/rp. If you do
check made payable to URS. A real estate contract will be executed at Government. not have Internet access, or have further questions, you may also call
this time by the high bidder and back-up bidder. The terms of the real our Public Auction Line at (703) 273-7373 or fax to (703) 330-4184.
estate contract supersede the Terms of Sale.