Resolution T Company, LLC v. United States of America et al

Filing 43

ORDER granting 42 the United States of America's Emergency Motion to Freeze Sales Proceeds. The excess sales proceeds of $186,212 held by the Collier County Clerk in regard to the tax sale of the property located at 1100 Gulf Shore Blvd. N, Unit 302, Identification No. 07131120001, from Tax Deed file 15189 be held until further order of this Court setting forth the Parties' rights to excess sales proceeds. Signed by Judge Sheri Polster Chappell on 4/11/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
RESOLUTION T COMPANY, LLC, a
Wyoming limited liabilty company
Plaintiff,
v.

Case No: 2:15-cv-450-FtM-99CM

UNITED STATES OF AMERICA,
JUDITH A. FARRAR, RICHAD G.
FARRAR, ELEVEN HUNDRED
GULF SHORE CLUB, INC.,
UNKNOWN TENANT IN
POSSESSION ’35;1 and UNKNOWN
TENANT IN POSSESSION ’35;2,
Defendants.
/
ORDER1
This matter comes before the Court on the Counterclaim Plaintiff, the United States
of America's Emergency Motion to Freeze Sales Proceeds (Doc. #42) filed on April 11,
2016. The property located at 1100 Gulf Shore Blvd. N, Unit 302, Naples, Florida
(Property) was sold at a tax deed sale by Collier County, Florida on February 3, 2016.
The Property was sold by the County for unpaid property taxes. At the present time, the
county is holding excess sales proceeds in the amount of $186,212.00.
Collier County paid the IRS $7,411.94 for one tax lien, but there remains another
approximately $220,000.00 owed to the IRS. The remainder of the proceeds from the

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sale of the Property remain in the custody of Collier County, Florida. There are currently
three parties that have a claim on the funds: the United States, Resolution T Company,
Inc., and Eleven Hundred Gulf Shore Club, Inc. The priority and rights to the funds should
be resolved by the instant case.
The United States conferred with the Parties with claims to the funds and no one
objects to the freeze of the funds being held by Collier County, Florida.
Accordingly, it is now
ORDERED:
The United States of America's Emergency Motion to Freeze Sales Proceeds
(Doc. #42) is GRANTED. The excess sales proceeds of $186,212 held by the Collier
County Clerk in regard to the tax sale of the property located at 1100 Gulf Shore Blvd. N,
Unit 302, Identification No. 07131120001, from Tax Deed file 15189 be held until further
order of this Court setting forth the Parties’ rights to excess sales proceeds.
DONE and ORDERED in Fort Myers, Florida this 11th day of April, 2016.

Copies: All Parties of Record
Collier County Clerk’s Office

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