United States of America v. One Parcel of Property Located at 9607 Lee Road 72, Waverly, Lee County, Alabama et al
Filing
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DECREE OF FORFEITURE AS TO ONE PARCEL OF PROPERTY LOCATED AT 9607 LEE ROAD 72, WAVERLY, LEE COUNTY, ALABAMA, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREON (Tax Map No. 43-06-07-26-0-000-026.002): it is hereby ORDERED, ADJUDGED and DECREED that the 138 motion is granted, as further set out in order; This case is not closed. Signed by Honorable Judge Myron H. Thompson on 3/19/2014. (Attachments: # 1 Civil Appeals Checklist)(wcl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
UNITED STATES OF AMERICA,
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) CIVIL ACTION NO. 3:11cv937-MHT
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Plaintiff,
v.
ONE PARCEL OF PROPERTY
LOCATED AT 9607 LEE ROAD
72, WAVERLY, LEE COUNTY,
ALABAMA, WITH ALL
APPURTENANCES AND
IMPROVEMENTS THEREON,
(Tax Map No. 43-06-07-26-0-000-026.002),
ONE PARCEL OF PROPERTY
LOCATED AT 8895 LEE ROAD
72, WAVERLY, LEE COUNTY,
ALABAMA, WITH ALL
APPURTENANCES AND
IMPROVEMENTS THEREON,
(Tax Map No. 43-06-07-25-0-000-014.001),
Defendants.
DECREE OF FORFEITURE AS TO ONE PARCEL OF PROPERTY
LOCATED AT 9607 LEE ROAD 72, WAVERLY, LEE COUNTY, ALABAMA,
WITH ALL APPURTENANCES AND IMPROVEMENTS THEREON
(Tax Map No. 43-06-07-26-0-000-026.002)
Before the Court is the United States of America’s (“United States”) Motion for Decree
of Forfeiture.
On November 1, 2011, the United States filed a Verified Complaint for Forfeiture In Rem
pursuant to 18 U.S.C. § 985 to forfeit and condemn to the use and benefit of the United States the
real property and premises located at 9607 Lee Road 72, Waverly, Lee County, Alabama, with
all appurtenances and improvements thereon (Tax Map No. 43-06-07-26-0-000-026.002). The
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United States alleged that the Defendant property was used, or intended to be used, to commit, or
to facilitate the commission of a violation of 21 U.S.C. §§ 841(a)(1) and 846. Because the
Defendant real property facilitated a violation of 21 U.S.C. § 841(a)(1) and a conspiracy to
commit the same offense in violation of 21 U.S.C. § 846, offenses punishable by more than one
year’s imprisonment, the Defendant real property is subject to forfeiture to the United States
pursuant to 21 U.S.C. § 881(a)(7). (Doc. #1).
It appearing that process was fully issued in this action and returned according to law:
Pursuant to the Order for Notice In Rem issued by this Court on November 4, 2011 (Doc.
#3), the United States Marshals Service posted a copy of the Notice of Complaint for Forfeiture
against Real Property and the Order for Notice In Rem on the Defendant real property on
January 9, 2012 (Doc. #7);
Notice of this civil forfeiture action was posted on an official government internet site
(www.forfeiture.gov) for a period of 30 consecutive days, beginning on November 8, 2011, and
ending December 7, 2011, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for
Admiralty or Maritime Claims and Asset Forfeiture Actions (Doc. #6);
On November 18, 2011, a deputy United States Marshal personally served Tommie
Nelms with copies of the Verified Complaint for Forfeiture In Rem, Notice of Complaint for
Forfeiture against Real Property and the Order for Notice In Rem (Doc. #5);
On January 9, 2012, a deputy United States Marshal personally served Vicki Nelms with
copies of the Verified Complaint for Forfeiture In Rem, Notice of Complaint for Forfeiture
against Real Property and the Order for Notice In Rem (Doc. #10);
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On February 10, 2012, Vicki Nelms filed a Claim to the Defendant property (Doc. #20);
On February 14, 2012, Vicki Nelms filed an Answer to the Verified Complaint (Doc.
#23);
On February 27, 2012, Tommie Nelms was defaulted for failure to file a claim within the
time set forth in 18 U.S.C. § 983(a)(4)(A) and Supplemental Rule G(5) of the Supplemental
Rules of Admiralty or Maritime Claims and Asset Forfeiture Actions (Doc. #36);
On August 31, 2012, a deputy United States Marshal served Elaine Rhodes on behalf of
CharterBank, Opelika, Alabama, with copies of the Verified Complaint for Forfeiture In Rem,
Notice of Complaint for Forfeiture against Real Property and the Order for Notice In Rem (Doc.
#50);
On September 19, 2012, CharterBank, as Successor in Interest to Eagle Bank of
Alabama, filed a Claim to the Defendant property (Doc. #62) and an Answer to the Verified
Complaint (Doc. #63);
On October 25, 2012, the United States and CharterBank entered into a Stipulation for
Compromise Settlement in which Claimant CharterBank consented to the entry of a Decree of
Forfeiture and the United States agreed to pay all outstanding loan agreements from the proceeds
of sale of the Defendant property (Doc. #77-1);
On January 7, 2014, the United States and Claimant Vicki Nelms entered into a
Stipulation for Compromise Settlement whereby Claimant agreed to pay the United States
$28,681.00 in lieu of forfeiting for the Defendant property (Doc. #126-1);
No other claim or answer has been filed on behalf of any other party;
Now, therefore, on motion of the United States for a Decree of Forfeiture (Doc. # 138),
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and for good cause otherwise shown, it is hereby ORDERED, ADJUDGED and DECREED
that said motion is granted as follows:
(1)
The $28,681.00 specified in the Stipulation will be paid in lieu of forfeiting the
Defendant real property and premises located at 9607 Lee Road 72, Waverly, Lee
County, Alabama, with all appurtenances and improvements thereon (Tax Map.
No. 43-06-07-26-0-000-026.002).
(2)
The United States will file a Release of Lis Pendens with the Judge of Probate,
Lee County, Alabama, as to the Defendant real property and premises located at
9607 Lee Road 72, Waverly, Lee County, Alabama, with all appurtenances and
improvements thereon (Tax Map. No. 43-06-07-26-0-000-026.002).
(3)
The United States Marshals Service, Middle District of Alabama, will remove all
documents posted to the Defendant real property and premises located at 9607
Lee Road 72, Waverly, Lee County, Alabama, with all appurtenances and
improvements thereon (Tax Map. No. 43-06-07-26-0-000-026.002).
(4)
The $28,681.00 shall be disposed of according to law.
(5)
Defendant real property and premises located at 9607 Lee Road 72, Waverly, Lee
County, Alabama, with all appurtenances and improvements thereon (Tax Map.
No. 43-06-07-26-0-000-026.002) is terminated as a party.
This case is not closed
DONE this the 19th day of March, 2014.
/s/ Myron H. Thompson_________
UNITED STATES DISTRICT JUDGE
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