United States of America v. Kwitny et al
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
UNITED STATES OF AMERICA,
Case No. 6:18-cv-1366-RBD-LHP
BRUCE A. KWITNY; and U.S. BANK
TRUST NATIONAL ASSOCIATION,
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,
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:
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.
The parties’ Motion (Doc. 80) is GRANTED.
The Court FINDS that a forced foreclosure sale of the Subject
Property is appropriate and HONORS 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.
DONE AND ORDERED in Chambers in Orlando, Florida, on September
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