United States of America v. 129 Reservoir Ridge Drive, Cullowhee, NC
Filing
47
ORDER OF DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE: The U.S. Marshal is directed to dispose of the real property located at 129 Reservoir Ridge Drive, Cullowhee, NC as described in Book 1898, Pages 775-777 in the Register of Deeds for Jackson County and identified in the Verified Complaint, as provided by law, and consistent with the terms of the 35 Consent Order with Flagstar. Signed by Chief Judge Martin Reidinger on 10/2/2020. (maf)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL NO. 1:18-cv-00117-MR-WCM
UNITED STATES OF AMERICA,
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Plaintiff,
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vs.
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129 RESERVOIR RIDGE DRIVE,
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CULLOWHEE, NORTH CAROLINA, )
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Defendant.
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______________________________ )
ORDER OF DEFAULT JUDGMENT AND
FINAL ORDER OF FORFEITURE
THIS MATTER is before the Court on the Government’s Motion for
Default Judgment and Final Order of Forfeiture [Doc. 45].
The Government seek the entry of a default judgment and final order
of forfeiture as to all persons and entities with respect to the Defendant
Property, other than JPMorgan Chase Bank, N.A. (“JPMorgan”), whose
interest was transferred, Flagstar Bank, FSB (“Flagstar”), whose claim was
resolved in the Consent Order issued March 31, 2020, and Mark Loren Miller,
whose interest was forfeited to the United States. [See Docs. 35, 41].
After careful review, the Court will grant the Government’s motion.
Having dismissed the claim of Mr. Miller and granting the Government’s
motion for summary judgment, and there being no further proceedings
necessary in this matter, the Court, pursuant to 18 U.S.C. § 981, 18 U.S.C.
§ 983, 18 U.S.C. § 985 and 21 U.S.C. § 881, now enters a Final Order and
Judgment of Forfeiture against the Defendant Property.
IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that
the Government’s Motion for Default Judgment and Final Order of Forfeiture
[Doc. 45] is hereby GRANTED, and judgment is entered in favor of the
United States against all persons and entities in the world with respect to the
real property located at 129 Reservoir Ridge Drive, Cullowhee, North
Carolina as described in Book 1898, Pages 775-777 in the Register of Deeds
for Jackson County and identified in the Verified Complaint, other than
JPMorgan, whose interest was transferred; Flagstar, whose claim to the
Defendant Property was resolved pursuant to the terms of the Consent
Order; and Mark Loren Miller, whose interest was forfeited to the United
States.
IT IS FURTHER, ORDERED, ADJUDGED, AND DECREED that with
the exception of Flagstar’s claim as resolved pursuant to the terms of the
Consent Order [Doc. 35], any right, title and interest of all other persons and
entities in the world to the real property located at 129 Reservoir Ridge Drive,
Cullowhee, North Carolina as described in Book 1898, Pages 775-777 in the
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Register of Deeds for Jackson County and identified in the Verified
Complaint, is hereby forfeited to the United States, and no other right, title,
or interest shall exist, and the forfeiture of the Defendant Property is final.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the
United States Marshal is hereby directed to dispose of the real property
located at 129 Reservoir Ridge Drive, Cullowhee, North Carolina as
described in Book 1898, Pages 775-777 in the Register of Deeds for Jackson
County and identified in the Verified Complaint, as provided by law, and
consistent with the terms of the Consent Order with Flagstar [Doc. 35].
IT IS SO ORDERED.
Signed: October 2, 2020
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