United States of America v. Kwitny et al

Filing 85

ORDER granting 80 Motion for Order of Sale; adopting and confirming 84 Report and Recommendations and making a part of this Order in its entirety. The Court FINDS that a forced foreclosure sale of the Subject Property is appropriate and HONO RS the parties' Stipulation of Priority (Doc. 75). The Court ORDERS the sale of the Subject Property at a judicial sale pursuant to 26 U.S.C. §§ 7402 and 7403 and in accordance with the terms and conditions set forth in the parties' proposed order (Doc. 83). Signed by Judge Roy B. Dalton, Jr. on 9/15/2022. (ALL)

Case 6:18-cv-01366-RBD-LHP Document 85 Filed 09/15/22 Page 1 of 2 PageID 1488

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No. 6:18-cv-1366-RBD-LHP

BRUCE A. KWITNY; and U.S. BANK
TRUST NATIONAL ASSOCIATION,
Defendants.
____________________________________
ORDER
The Government brought this suit to enforce tax liens against property
owned by Defendant Bruce A. Kwitny; Defendant U.S. Bank Trust N.A. has a
mortgage lien on the property. (Doc. 80 (“Motion”), p. 1.) The parties now move
to order the property to be foreclosed and sold. (Id. at 12.) On referral,
U.S. Magistrate

Judge

Leslie

Hoffman

Price

entered

a

Report

and

Recommendation submitting that the Court should grant the Motion. (Doc. 84
(“R&R”).) The time has passed and there were no objections, so the Court
examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App’x 781,
784 (11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED:
1.

The R&R (Doc. 84) is ADOPTED AND CONFIRMED and made a

Case 6:18-cv-01366-RBD-LHP Document 85 Filed 09/15/22 Page 2 of 2 PageID 1489

part of this Order in its entirety.
2.

The parties’ Motion (Doc. 80) is GRANTED.

3.

The Court FINDS that a forced foreclosure sale of the Subject
Property is appropriate and HONORS the parties’ Stipulation of
Priority. (Doc. 75.)

4.

The Court ORDERS the sale of the Subject Property at a judicial sale
pursuant to 26 U.S.C. §§ 7402 and 7403 and in accordance with the
terms and conditions set forth in the parties’ proposed order.
(Doc. 83.)

DONE AND ORDERED in Chambers in Orlando, Florida, on September
15, 2022.

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