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United States v. Six Parcels of Real Property

United States District Court, E.D. North Carolina, Western Division

January 6, 2020

UNITED STATES OF AMERICA, Plaintiff,
v.
SIX PARCELS OF REAL PROPERTY, et al., Defendants.

          MATTHEW L. FESAK Attorney for United States of America

          LISA S. COSTNER Attorney for Claimant Denene Powell

          CONSENT ORDER AND JUDGMENT OF FORFEITURE

          LOUISE W. FLANAGAN UNITED STATES DISTRICT JUDGE

         By signing below, the undersigned parties have informed the Court the following:

         1. They have settled the litigation in this matter and entered into a Settlement Agreement with respect to the disposition of the parcel of real property being legally described in deed book 666, pages 454-455 of the Hertford County Registry, North Carolina, having the physical address of 825 Mill Branch Church Road, Aulander, North Carolina (hereinafter, the "Claimed Property"), to which Claimant Denene Powell ("Claimant") has filed a claim.

         2. Claimant has tendered a check in the amount of $6, 000.00, currently being held in the U.S. Marshals' Seized Asset Deposit Fund, which amount the parties agree shall be forfeited in lieu of the Claimed Property and shall be substituted for the Claimed Property as a party-defendant in this action, and that upon such substitution, the Claimed Property shall be dismissed as a party-defendant from this action.

         3. Provident Funding Associates, L.P. ("Provident"), is the only other interested party who has filed a claim with respect to the Claimed Property. Although not a signatory to the underlying Settlement Agreement, Provident's asserted interest will be fully preserved by the dismissal of the Claimed Property from this action as contemplated by the Settlement Agreement, and Provident's counsel consents to the entry of this Order.

         4. Neither Denene Powell nor any other interested party (with the exception of the County taxing authorities, discussed below) have filed a claim within the time prescribed by law with respect to the five other five parcels of real property named in the complaint (hereinafter, the "Unclaimed Properties"), and Claimant expressly disclaims any such interest and as the sole titled owner to said properties consents to their forfeiture herein.

         5. Hertford County has submitted a claim for real property taxes due and owing with respect to the Claimed Property and three of the five Unclaimed Properties which are situated within its taxing jurisdiction. Although also not a signatory to the Settlement Agreement, Hertford County's asserted interest (except as to the Claimed Property being dismissed from this action) will be paid to the maximum extent allowed by law from the sales proceeds of the forfeited properties, and Hertford County's counsel consents to the entry of this Order. Bertie County's interests, if any, will be similarly protected, although Bertie County did not file a claim.

         In light of the foregoing, it is, therefore, ORDERED that the $6, 000.00 in U.S. Currency tendered by Claimant and currently being held in the Seized Asset Deposit Fund is SUBSTITUTED for the Claimed Property as a party-defendant and shall be subject to forfeiture as an in rem Defendant in this action and as a substitute res for the Claimed Property;

         ORDERED that the real property being legally described in deed book 666, pages 454-455 of the Hertford County Registry, North Carolina, having the physical address of 825 Mill Branch Church Road, Aulander, North Carolina (the "Claimed Property") is DISMISSED from this action as a party-defendant;

         ORDERED that the substituted $6, 000.00 in U.S. Currency and the five remaining Unclaimed Properties are forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6) and 18 U.S.C. § 981(a)(1)(A) for disposition according to law. The legal descriptions of the Properties subject to this Order are more specifically described as follows:

         a. 217 AHOSKIE COFIELD ROAD, AHOSKIE, NORTH CAROLINA is more specifically described as follows:

All that certain lot or parcel of land situated in the town of Ahoskie, Ahoskie Township, Hertford County, North Carolina, located on the north side of the Ahoskie to Cofield highway adjoining the lands of Donia H. ...

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