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, 
VENITA B. DERENSBOURG a/k/a VANITA B. 
DERENSBOURG, EDWIN J. DERENSBOURG, 
III, TERESA M. BROWN a/k/a TERESA J. 
BROWN, and ANDERSON N. BROWN  
Defendants. 
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Civil No. 2009–142 
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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, 
 
Richard P. Bourne-Vanneck, Esq. 
Law Office of Richard P. Bourne-Vanneck 
St. Thomas, VI 
 
For the defendants Albert Jurgen and Mercedes Jurgen, 
 
Emmery McNairy 
Barbara B. McNairy 
Venita B. Derensbourg 
Edwin J. Derensbourg, III 
Teresa M. Brown 
Anderson N. Brown 
 
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. 
Case: 3:09-cv-00142-CVG-GWC   Document #: 55   Filed: 08/20/15   Page 1 of 4
Banco Popular de Puerto Rico v. Jurgen et al. 
Civil No. 2009–142 
Order 
Page 2 
 
Having reviewed the record, the Court makes the following 
findings: 
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”), 
Venita B. Derensbourg, Edwin Derensbourg, III (collectively, the 
“Derensbourgs”), Theresa Brown, and Anderson Brown (the 
“Browns”) (collectively, the “defendants”). Banco Popular sought 
judgments of debt and foreclosure against all of the defendants. 
The McNairys, the Derensbourgs, and the Browns did not 
answer or appear upon service. The Clerk of Court entered 
default against those defendants. The Jurgens appeared, and 
submitted to mediation with Banco Popular. Following mediation, 
the Jurgens, the Browns, the McNairys, the Derenbourgs, and 
Banco Popular executed a consent judgment. That consent judgment 
was accepted by the Court on November 28, 2011. The order 
accepting the consent judgment ordered foreclosure of property 
owned by the defendants and described as: 
Parcel Nos. 1G-4 and 1G-3-1 Estate Wintberg 
No. 3 Great Northside Quarter, St. Thomas, U.S. Virgin 
Islands 
as shown on P.W.D. Drawning No. D907749-T0006 and D9-4156-
T87 
 
(the “Properties”). The consent judgment also ordered the 
Jurgens, Browns, and Derensbourgs to pay to Banco Popular the 
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Banco Popular de Puerto Rico v. Jurgen et al. 
Civil No. 2009–142 
Order 
Page 3 
sum of $274,170.41, plus interest to accrue at the statutory 
rate.   
  Thereafter, on March 12, 2012, the Court issued a writ of 
execution for the debt against the Jurgens, Browns, and 
Derenbourgs, in the amount of the debt judgment.  Interest has 
accrued on that amount at the statutory rate.  
Pursuant to the consent 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 $225,000.   
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 
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Banco Popular de Puerto Rico v. Jurgen et al. 
Civil No. 2009–142 
Order 
Page 4 
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 
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-00142-CVG-GWC   Document #: 55   Filed: 08/20/15   Page 4 of 4