United States of America v. Real Property

Filing 48

MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 2/20/2014. (AVC)

FILED
2014 Feb-20 PM 02:56
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff
v.
REAL PROPERTY KNOWN AS
420 STERLING PARK CIRCLE,
ALABASTER, SHELBY COUNTY,
ALABAMA, AND ALL FIXTURES
AND APPURTENANCES THEREON,
Defendant.

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No. 2:12-CV-2961-WMA

MEMORANDUM OPINION
On February 5, 2014, the United States of America, plaintiff
in the above styled forfeiture action, filed a motion to vacate the
interlocutory order for the sale of the defendant property entered
by the court on May 1, 2014, and seeking a dismissal of the
forfeiture action without prejudice.

The only claimant to an

interest in the subject real property to respond to the motion is
Iberiabank, which on February 11, 2014 did not object to the United
States’ motion, but requested (considered as a motion) that all
prior orders be vacated and not just the order for sale.
Because the court had jurisdiction over the collateral title
dispute between claimants Fleming Brooks and Iberiabank and has
adjudicated that dispute in favor of Brooks, it will not vacate or
set aside its holding that Brooks’s mortgage lien is superior to
Iberiabank’s judgment lien.

Furthermore, the record reflects that

Iberiabank attempted to present the same issue to the Supreme Court

of Alabama in its case No. 1120942, in which the Circuit Court of
Shelby County, Alabama was affirmed and Iberiabank was denied any
relief by a one line affirmance on September 13, 2013.
Accordingly, the motion of the United States will be granted
by separate order.

The words “without prejudice” will mean, inter

alia, that the order respecting the property rights of Iberiabank
and Brooks remain in effect.
DONE this 20th day of February, 2014.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE