DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
BANCO POPULAR DE PUERTO RICO, 
Plaintiff, 
v. 
ALBERT JURGEN, MERCEDES E. JURGEN, 
EMMERY MCNAIRY, BARBARA B. MCNAIRY, 
JORGE M. CAREW, DE’NEAN COLEMAN-CAREW, 
AILEEN G. YATES, and LYNN R. JOSHUA  
Defendants. 
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Civil No. 2009–143 
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ATTORNEYS: 
 
Alex Moskowitz, Esq. 
Erik E. Woodbury, Esq. 
Dudley Topper & Feuerzeig 
St. Thomas, VI 
 
For the plaintiff Banco Popular de Puerto Rico, 
 
Albert Jurgen 
Mercedes E. Jurgen 
Emmery McNairy 
Barbara B. McNairy 
Jorge M. Carew 
De’Nean Coleman-Carew 
Aileen G. Yates 
Lynn R. Joshua 
 
Pro se defendants. 
 
 
ORDER 
 
GÓMEZ, J. 
 
Before the Court is the motion of the plaintiff, Banco 
Popular de Puerto Rico, for an order confirming sale. 
 
Having reviewed the record, the Court makes the following 
findings: 
Case: 3:09-cv-00143-CVG-GWC   Document #: 66   Filed: 04/29/15   Page 1 of 4
Banco Popular de Puerto Rico v. Jurgen et al. 
Civil No. 2009–143 
Order 
Page 2 
On October 6, 2009, Banco Popular de Puerto Rico (“Banco 
Popular”) initiated this action for debt and foreclosure against 
Albert Jurgen, Mercedes E. Jurgen (collectively, the “Jurgens”), 
Emmery McNairy, Barbara McNairy (collectively, the “McNairys”), 
Jorge M. Carew, De’Nean Coleman-Carew (collectively, the 
“Carews”), Aileen G. Yates (“Yates”), and Lynn R. Joshua 
(“Joshua”) (collectively, the “defendants”). Banco Popular 
sought a judgment of foreclosure as against all of the 
defendants, and judgment of debt against the Jurgens.1 
The defendants did not answer or otherwise appear. The 
Court entered default judgment against the defendants on January 
2, 2013. The Judgment entered on January 2, 2013, ordered 
foreclosure of property owned by the defendants and described 
as: 
Parcel No. 11-69 Estate Peterborg 
No. 12 Great Northside Quarter, St. Thomas, Virgin Islands 
consisting of 0.507 U.S. acre [sic], more or less 
as shown on P.W.D. A9-370-T89 
 
(the “Property). The Judgment also ordered the Jurgens to pay to 
Banco Popular the principal amount of $292,000, plus interest 
and late charges.   
  Thereafter, on April 17, 2013, the Court issued a writ of 
execution for the debt against the Jurgens in the amount of 
                     
1 The debts owed by the McNairys, the Carews, Yates, and Joshua had all been 
discharged in bankruptcy proceedings. 
Case: 3:09-cv-00143-CVG-GWC   Document #: 66   Filed: 04/29/15   Page 2 of 4
Banco Popular de Puerto Rico v. Jurgen et al. 
Civil No. 2009–143 
Order 
Page 3 
$366,715.70.  Interest has accrued on that amount at the 
statutory rate.  
Pursuant to the January 2, 2013, Judgment, on October 20, 
2014, the United States Marshal sold the property described 
therein at a public auction.  At the public auction, Banco 
Popular entered the highest bid for the Property as a credit 
against its debt judgment. The high bid was $250,000.   
Banco Popular now moves for an order confirming the sale of 
the Property. 
The premises considered, it is hereby 
ORDERED that the Property as described herein, to Banco 
Popular, is APPROVED and CONFIRMED; it is further 
ORDERED that, pursuant to Title 28, Section 535 of the 
Virgin Islands Code, the defendants shall have six months from 
the date of this Order in which to exercise their right to 
redeem the Property by paying Banco Popular the total value of 
its judgment as of the date of redemption, including principal, 
interest, attorneys’ fees and costs; it is further 
ORDERED that Banco Popular, or at the request of Banco 
Popular made to the United States Marshal, Banco Popular’s 
assignee, shall be entitled to a Deed with respect to the 
Property, unless it is redeemed pursuant to Title 28, Section 
535 of the Virgin Islands Code; and it is further 
Case: 3:09-cv-00143-CVG-GWC   Document #: 66   Filed: 04/29/15   Page 3 of 4
Banco Popular de Puerto Rico v. Jurgen et al. 
Civil No. 2009–143 
Order 
Page 4 
ORDERED that, pursuant to Title 28, Section 535 of the 
Virgin Islands Code, that Banco Popular, from the day of sale 
until a resale or a redemption, shall be entitled to the 
possession of the property purchased, unless the same be in 
possession of a tenant holding under an unexpired lease, and in 
such case shall be entitled to receive from such tenant the 
rents or the value of the use and occupation thereof during the 
same period. 
 
S\ 
 
 
 
 
CURTIS V. GÓMEZ 
District Judge 
Case: 3:09-cv-00143-CVG-GWC   Document #: 66   Filed: 04/29/15   Page 4 of 4