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United States v. Trenam

United States District Court, M.D. Georgia, Macon Division

June 2, 2017

UNITED STATES OF AMERICA
v.
MARIA E. TRENAM

          G. F. PETERMAN, III UNITED STATES ATTORNEY.

          DANIAL E. BENNETT ASSISTANT UNITED STATES ATTORNEY.

          FINAL ORDER OF FORFEITURE

          MARC T. TREADWELL, JUDGE.

         On October 3, 2016, pursuant to 18 U.S.C. § 982(a)(7), 18 U.S.C. § 3554, and Federal Rule of Criminal Procedure 32.2(b), this Court entered a Preliminary Order of Forfeiture against Maria E. Trenam.

         Pending now before the Court is the United States' Motion and Memorandum for Final Order of Forfeiture.

         The Court hereby makes the following FINDINGS OF FACT AND CONCLUSIONS OF LAW:

         1. This Court has jurisdiction of this matter pursuant to 18 U.S.C. § 3231, and venue is proper pursuant to 18 U.S.C. § 3232 and Fed. R. Crim. P. 18.

         2. The United States has furnished due and legal notice of these proceedings as required by law by sending direct notice to any person, other than the Defendant, that may have or claim a legal interest in the subject property, and by causing publication of notice of forfeiture and the intent of the United States to dispose of the property in accordance with the law.

         3. The notice of forfeiture provided that any persons or entities having or claiming a legal right, title or interest in the property, within thirty (30) days of receipt of the notice, or no later than sixty (60) days from the first day of publication on the official internet government forfeiture website, www.forfeiture.gov, whichever is earlier, must petition the United States District Court for the Middle District of Georgia for a hearing to adjudicate the validity of his or her alleged interest in the property pursuant to 21 U.S.C. § 853(n), as incorporated by 18 U.S.C. § 982(b)(1).

         4. On December 28, 2016, Third-Party Petitioner EverBank, FSA, through their counsel of record, Gregory M. Taube, Esq., filed a timely petition asserting an interest in the real property located at 122 Henry Street, Warner Robins, Houston County, Georgia [Doc. 47]. An Expedited Settlement Agreement and Release of Claims [Doc. 49] was filed by the parties on March 7, 2017.

         5. Based on the Expedited Settlement Agreement and Release of Claims for the real property located at 122 Henry Street, Warner Robins, Houston County, Georgia, the Count entered a Consent Order on March 8, 2017, recognizing the agreement made between the United States and EverBank, FSA for the release of a total amount of $17, 370.95, plus the accrual of additional interest, and other additional fees set forth as specified in (a) - (f) of this paragraph, after payment of outstanding taxes, and the expenses of custody and sale incurred by the United States Marshals Service as follows:

a. All unpaid principal due to EverBank in the amount of $10, 160.77 as of February 28, 2017, pursuant to the Promissory Note (“Note”) dated on or about July 25, 2003, made by Maria Trenam “(Trenam”) to Market Street Mortgage Corporation, which was secured by a Security Deed executed by Trenam on or about July 31, 2003, in favor of Market Street Mortgage Corporation with Mortgage Electronic Registration Systems, Inc. as grantee, recorded July 31, 2003, in the official records of Houston County, Georgia, at Deed Book 2660, Page 2-17, and later transferred and endorsed in favor of EverBank by that certain Assignment of Mortgage/Security Deed from Mortgages Electronic Registration Systems, Inc. as nominee for Market Street Mortgage Corporation, recorded February 22, 2016, at Deed Book 7080, Page 260, in the Houston County, Georgia Records;
b. All unpaid interest at the base contractual rate (not the default rate) under the Note, in the amount of $706.21 as of February 28, 2017, plus interest at the annual rate of 5.25 from March 1, 2017, until the date of Payment;
c. All casualty insurance premiums paid by EverBank in the amount of $1, 069.00, good through July 30, 2017, and any additional payments made by ...

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