United States of America v. Locklear's Personal Property et al

Filing 21

CONSENT JUDGMENT With Ford Moto Credit Company, LLC - Signed by Chief Judge James C. Dever III on 3/27/2018. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO. 7:17-CV-143
UNITED STATES OF AMERICA,
Plaintiff
vs.
LOCKLEAR'S PERSONAL PROPERTY,
SPECIFICALLY DESCRIBED AS:
A 2000 CHEVROLET SILVERADO,
VIN: 2GCEK13M981236229;
A 2016 FORD F-250 TRUCK,
VIN: IFT7W2BT2GED44572;
AND ANY AND ALL ATTACHMENTS
',
THEREON,
Defendants.

)
)
)
)
)

)
CONSENT JUDGMENT WITH
) FORD MOTOR CREDIT COMPANY, LLC
)
)
)
)
)
)

----------------~-----------)
THIS MATTER is before the Court by consent of the United States of America, by
'--

and through the United States Attorney for the Eastern District of North Carolina, and Ford
Motor Credit Company LLC ("Petitioner"), through its undersigned counsel, for final
disposition of the sales proceeds received from the sale of the following property (the
"Subject Property"):

One 2016 Ford F-250 truck, bearing VIN #1FT7W2BT2GED44572,
registered to Brandon Darris Locklear, seized during the course of the
investigation detailed in this action.
The Government and Petitioner have stipulated and agreed and the Court finds as
follows:
I.

That on or about November 28, 2017, the Court entered an Order releasing the

Subject Property to Petitioner for interlocutory sale, with all proceeds from the sale of the
Subject Property, less the reasonable necessary costs of repossession and sale, to be turned
over to the United States Department of the Treasury pending further orders of this Court.

2.

That Default and Default Judgment has now been entered in this matter, with

respect to all interested parties except Petitioner.
3.

That Petitioner has now recovered possession of the Subject Property and had

it liquidated at a commercially reasonable sale by one of the national auto auctions, at which
the highest bid received for the Subject Property was $52,300.00.
4.

That the total costs of repossession and sale relative to the Subject Property

was $3,163.73, leaving net sales proceeds of$49,136.27.
5.

That as of the sale date, the outstanding balance owed to the Petitioner for the

Subject Property was $26,760.09.
Based upon the above findings, it is hereby ORDERED, ADJUDGED and
DECREED that:
1.

The United States is authorized and directed to immediately release the sum of

$29,923.82 in sales proceeds for the Subject Property to Petitioner, in full and final
satisfaction of all claims by the Petitioner to the Vehicle, in order for the recent buyer of the
Subject Property to obtain clear title to same.
2.

The remaining sales proceeds in the amount of $22,376.18 is forfeited to the

United States of America, and no other right, title, or interest shall exist therein.

The

Department of Treasury, Internal Revenue Service, is directed to dispose of the proceeds
according to law.
SO ORDERED, this _!_1__ day of

tJ. Q./\C ~

2

,

2018.

BY CONSENT OF THE PARTIES:
ROBERT J. HIDGON, JR.
UNITED STATES ATTORNEY

By: s/ Matthew L. Fesak
Matthew L. Fesak
Assistant United States Attorney

Date: March 27, 2018

KIRSCHBAUM, NANNEY, KEENAN & GRIFFIN, P.A.
By: s/ Pamela P. Keenan
Pamela P. Keenan
Attorneys for Ford Motor Credit Company, LLC

3

Date: March 27,2018